It is a cruel and cold blooded form of punishment and there have been instances where innocent people were sentenced to death and later found to be innocent.
As early back as Capital penalty essay Eighteenth Century B. The utilization of the death penalty for designated crimes continued through the years and became incorporated in Britain's penal system DPIC, Since that time, the death penalty has been a part of the American criminal justice system.
However, its use has not been without strong opposition. This paper explores the Supreme Court cases exploring this controversial topic and discusses the evolution of jurisprudence on the subject matter.
Much of the legal support or opposition for the use of the death penalty has been at the state level. Where the death penalty has been abolished, it has been by states.
However, this was not a permanent change as the national security concerns in the early Twentieth Century led to a reinstatement of the death penalty in some states and the 's had the highest number of executions DPIC, By the 's, there was a drastic reduction in the execution rate DPIC, The international community and, in particular, many allied nations limited or abolished the death penalty DPIC, While the United States did not follow suit, there were fewer executions from this point forward.
Supreme Court capital punishment cases began in the late 's. The first cases dealt more with issues of administration of the death penalty, rather than the legality of its usage. For example, the first capital punishment case, U. Jackson dealt with the imposition of the death penalty in kidnapping cases only upon the recommendation of a jury.
There, the Supreme Court found that rule unconstitutional because it incentivized defendants foregoing their right to jury trial to avoid a potential capital sentence U. After that, Witherspoon v. Illinois addressed jury selection in capital cases and McGautha v. California rejected concerns that juries were not given standards for imposing the death penalty.
Georgia first addressed the legality of the death penalty as a whole. The case consolidated three separate capital cases, two of which were for rape and one of which was for murder Furman v.
The Supreme Court considered the argument that the death penalty was cruel and unusual and, therefore, was unconstitutional under the Eighth Amendment Furman v. The concern of the Furman v. Georgia Court was that, with unfettered jury discretion in imposing the death penalty, there was arbitrariness in its usage.
By the reasoning of the Supreme Court, 40 state death penalty statutes were now void DPIC,creating a moratorium on capital punishment. States attempted to overcome the obstacles created by Furman v.
Georgia by reworking their capital statutes. However, finding a constitutional means of imposing the death penalty was not an easy task for the states.
Some states went for the opposite end of unfettered discretion by mandating the death penalty for designated crimes. For example, in Woodson v.
North Carolinathe Supreme Court heard a challenge to North Carolina's mandatory capital punishment statute for murder in the first degree.
The court ruled that this type of penal law was unconstitutional because it did not provide the "respect for human dignity underlying the Eighth Amendment" Woodson v. North Carolina,p. In order to provide a minimum level of respect for human dignity, Woodson v.
North Carolina held that the death penalty cannot be mandated and the individual circumstances of a crime have to be considered before imposing a punishment. After some failed attempts at reinstating the death penalty DPIC,the Supreme Court upheld new capital punishment statutes in Gregg v.
There, it was explicitly stated that the death penalty "for the crime of murder does not, under all circumstances violate the Eighth and Fourteenth Amendments" Gregg v.
The decision in Gregg v. Georgia marked the next phase in the Supreme Court's death penalty jurisprudence by again affirming its constitutionality.
The difference between the death penalty statutes in this case and the ones addressed in Furman v. Georgia and Woodson v.The Capital Punishment Project works toward the repeal of the death penalty in the United States through strategic litigation, advocacy, public education, and training programs for capital defense teams.
Death Penalty Essay Example Outline Back to all templates. Share. Download. Section 1. Bureau of Justice Capital Punishment. Death Penalty Fact Sheet. Section 2. Present your first claim for or against capital punishment. The entire paragraph should focus on the claim.
First Claim. Aug 16, · Argumentative Essay Against Capital Punishment If there are people who are in favor of capital punishment, there are also those who want it to be abolished.
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Death penalty refers to the killing of detained people who have been found to have committed capital crimes and this action is conducted by following court orders - Death penalty-Texas Essay introduction.
Capital offenses refer to the crimes that require the death penalty for instance murder or rape. Re-introducing capital punishment in the UK. The death penalty was abolished in as a result of the Sidney Silverman (MP) private member’s timberdesignmag.com debate on the concept of re-introduction did however take place although with increasing failure and with the current governance of the Human Rights Act , the question is now posed, what would be the legal and political effects of the.