In 1972 the Supreme Court Case Furman v. Georgia outlawed the death penalty. The Supreme Court declared the death penalty to be cruel and unusual punishment, which is in violation of the Eighth Amendment. The Eighth Amendment states that “excessive bail shall not be required nor excessive fines imposed, not cruel and unusual punishments inflicted.” Four years later that decision was overturned by the case of Gregg v. Georgia.
This was also an Eighth Amendment case and in-turn legalized the death penalty yet again. There were many reasons why the Supreme Court set this precedent, the main one was that capital punishment is not in violation of the Eighth Amendment when murder or treason is involved. Capital punishment sets an example for others, is a way of self-defense for society, it prevents criminals from repeating their crimes, and when a criminal breaks the law they give up their basic rights which are life, liberty, and the pursuit of happiness. Victims families deserve to know that the person that took their loved one away won’t be able to do that to anyone else ever again. There is a wide-spread debate about whether capital punishment is right or wrong and I feel that capital punishment is needed here in The United States.
The Eighth Amendment states that no cruel or unusual punishment will be inflicted. The Supreme Court set the precedent, capital punishment is not in violation of the Eighth when applied fairly, in the Gregg v. Georgia case. There are five methods of execution used in the United States. They include lethal injection, electrocution, gas chamber, hanging, and firing squad. Thirty-four of the states use lethal injection as their form of execution.
The Essay on Negative Stance on Capital Punishment
... crime.The strongest argument against capital punishment is the argument capital punishment is a cruel and unusual punishment. The Eighth Amendment of the United States Constitution, condemning cruel and ... was a period from 1972 to 1976 that capital punishment was ruled unconstitutional by the Supreme Court. Their reason for this decision was ...
Two states use electrocution as their sole form of execution while seven states have electrocution as an option. Five states authorize the use of the gas chamber but use lethal injection primarily. Three states authorize the use of hanging but only if other methods are found unconstitutional. It is the same for the three states that authorize the use of a firing squad. Almost all of the states that have capital punishment use lethal injection as their primary form of execution.
Lethal injection works in seconds and there is no pain so it can not be considered a form of cruel and unusual punishment. The United States needs capital punishment to set an example for other people. It shows society that murder and treason will not be tolerated, and an individual will be held responsible for his / her actions. A person who commits a serious crime will have serious repercussions and if the criminal has to pay his / her debt to society with their life then so be it. The execution of the criminal will show others that the government will not take serious crimes in a light manner. The government will do whatever possible to protect the society as a whole.
The society can use capital punishment as a way of self-defense against criminal activity. When a person commits a heinous crime, the government has the right to defend society by executing the criminal to prevent them from committing more crimes. When a person commits murder or treason there is no need to waste the tax payers money on keeping the convicted person alive, well feed, and having a roof over their head. A homeless person deserves food and shelter not a convicted murderer or someone who has committed treason. John Locke is a philosopher from the late 1600’s and some of the U. S.
The Essay on Punishment of Crimes in the Us Criminal Justice System
Punishment of Crimes in the US Criminal Justice System One of the greatest challenges facing the criminal justice system is the need to balance the rights of accused criminals against society’s interest in imposing punishments on those convicted of crimes. The U. S. criminal justice system deals with punishment of those in violation of the law in several ways; retribution, incapacitation, ...
Constitution’s concepts or ideas came from John Locke’s philosophy on government. John Locke has argued in favor of capital punishment for several reasons, one of them is self-defense. Locke argues that in order to protect and defend society we need capital punishment. Being a citizen in this country you have entered a social contract with the government. A social contract is an agreement between the people and the government, the people will agree to establish a government and obey it as long as the government does what it is told to do. When a person commits a crime they break the contract and give up their rights.
Once a person surrenders their rights and punishment by way of death is justifiable. To help prevent criminals from repeating their offense or committing a more heinous crime we need to keep capital punishment in The United States. If criminals are dealt with in a prompt and precise manner then the likelihood of a repeat offense is reduced. You can’t send a murderer back into society without serious repercussions. The chances are that the convict will repeat their criminal activity. According to the Capital Punishment Statistics from the U.
S. Department of Justice one in twelve of the inmates sentenced to death had a prior homicide conviction. In 1999 there were 3, 527 prisoners on death row, that means 294 inmates could have been prevented from committing the second offense. Those statistics also mean that 3, 133 inmates will be prevented from committing a future crime. It is not possible to prevent every crime from being committed. If we can’t prevent it from taking place then we as a society need to show criminals that when they do commit a crime, it won’t be tolerated.
If the government is lax on punishment it will show potential criminals that they will most likely get an easily served sentence. Society needs to show criminals that their actions won’t be taken or dealt with lightly and that there are repercussions for their actions. Society can’t let criminals get away with their crimes. Another perspective to consider is the view of the victims family.
I know that if I lost someone I loved at the hands of some lowlife criminal I would want justice. To me justice is the taking of the life of the person that committed the crime. I would rather have my tax money spent on their execution rather than keeping the criminal alive and well feed in prison. It isn’t right that the person who did something wrong gets to wake up every morning while the victim will never wake up again.
The Essay on Ethics On Crime Punishment
The retribution rational for punishment is like the social contract theory. This simply means that when an individual offender must be punished its because he/she deserves it. There are three types of retribution the first one is negative retribution, which means one who is not guilty should not be punish for crime. The second is positive retribution, which demands that one who is guilty should be ...
In conclusion, I feel that capital punishment is needed here in The United States. The Supreme Court determined that capital punishment is not in violation of the Eighth Amendment. The Eighth Amendment states “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. There are many reasons why the Supreme Court came to these conclusions.
Capital punishment sets an example for other potential criminals, showing them that his / her crimes won’t be tolerated. The death penalty is a way of a deterrent of potential crimes and repeat offenses. According to famous philosopher John Locke when a person commits a crime and breaks the social contract they give up their natural rights (life, liberty, and the pursuit of happiness).
Lastly, the victims families deserve the knowledge that the criminal that hurt their loved one won’t ever be able to do that again. Works Cited Anonymous. Pro-Death Penalty.
9 Nov. 2001 Richard C. Dieter. Death Penalty Information Center. 9 Nov. 2001 University of Alaska.
Justice Center Web Site. 9 Nov. 2001 U. S. Department of Justice. Bureau of Justice Statistics.
9 Nov. 2001.
