The Death Penalty Words: I feel that it is important to print an article in opposition to capital punishment. The death penalty has always been one of the most hotly debated issues in the United States. As our country grows older and wiser, however, evidence clearly points to the fact that the death penalty is not a good solution.
Death Penalty Capital punishment is a controversial topic because it involves the taking of a human life as Controversial essay on death penalty punishment. Traditionally, Judeo-Christian and other mainstream religions strictly prohibit killing because they regard the matter of giving and taking of human life as exclusively within the jurisdiction of God and never something that is appropriately executed by the operation of human decisions or judicial determination.
In modern times, secular society has recognized several other equally important conceptual objections to relying on capital punishment within the framework of crime control and punishment.
Specifically, there may be good reason to believe that the death penalty has, historically, been applied unequally to offenders of minority communities and to members of society who lack the necessary means to secure their legal rights to their fullest extent by virtue of poverty.
Moreover, despite the often-cited proposed justification that the death penalty provides an effective deterrent to serious crime in the community, the empirical evidence seems to suggest precisely the opposite. Finally, the death penalty is out of synch with the near-consensus of the entire global human community in that most modern societies have already abolished it for one or more of those particular arguments against it.
On balance, there does not appear to be a justification for maintaining capital punishment within the framework of a modern society that respects human life and that protects the rights of all citizens equally. Argument Number 1 -- The Unconstitutionality of Unequal Application and Cruelty In the United States, the concept of equal protection under the law has been one of the most important elements of the constitutional protections since its enactment by Congress in Zalman, In principle, it guarantees that all persons receive the same treatment under the law and that the consequences of violating penal laws are not variable based on the identity or any element of individual status of persons charged with or convicted of statutory violations Zalman, Moreover, the legislative history of the 14th Constitutional Amendment that embodies the notion of equal protection reveals that it was necessitated in the first place precisely because both civil and penal laws were being applied unequally against minority races, and in particular, against the newly-freed slaves in the Reconstruction Era after the War between the States Schmalleger, Furthermore, both the 14th Constitutional Amendment and the 5th Constitutional Amendment set forth the protection of due process of law and that concept is applied equally to all persons through the equal protection clause of the 14th Amendment Zalman, The argument against the death penalty based in constitutional law is that there is substantial empirical evidence documenting the extent to which it has been applied unequally against minority defendants charged with crime and against convicted offenders who are members of racial minorities Dershowitz, Similarly, the available empirical evidence also documents the extent to which defendants of comparatively limited financial means and convicted offenders of comparatively limited financial means are more likely to be charged with capital punishment-eligible crimes for identical offenses and more likely to receive the maximum penalty allowable by statute, respectively Dershowitz, Therefore, from the perspective of constitutional principles, capital punishment, as it has been applied in the U.
Apart from any argument against the death penalty in principle, it is offensive to American values strictly as a function of its inconsistency with equal protection and due process in the way that it has been applied in practice.
Finally, within the framework of any constitutional analysis, one must also consider the fact that there is substantial evidence that the death penalty, as it has been applied in practice in almost all of the American states where it is still operative law, may also violate the 8th Constitutional Amendment as well.
Specifically, the 8th Amendment prohibits "cruel and unusual" punishment Dershowitz, ; Zalman, According to the available evidence, lethal injection -- the statutory method of application of capital punishment in most American states -- is subject to medical error in a significant number of cases Kaveny, The Controversy Behind the Death Penalty Essay Words | 4 Pages.
The Controversy Behind the Death Penalty Some people think that the death penalty is a bad thing and others think that it serves the people right but I don’t really know which side to believe because there are good facts protecting both sides.
The death penalty has been the subject of heated controversy see BEDAU, DEATH PENALTY IN AmERICA (1st ed. ).
CAPITAL PUNISHMENT CONTROVERSY "-, 60 ' CAPITAL PUNISHMENT CONTROVERSY and. 7.
Capital Punishment Controversy, The William O. Jr. Hochkammer.
Death penalty is a controversial capital punishment which is given against a crime usually involving murder. It is controversial because many people support it and many people condemn it. It is a big ongoing controversial societal issue in United States, Europe and other parts of the world.
Essay The Death Penalty Is One Of The Most Controversial Issue.
the United States faces, the death penalty is one of the most controversial issues of our time period.
Currently, there are thirty-two states who allow capital punishment, leaving eighteen states who have banned it (DPIC). Is Death Penalty Applied Fairly The death penalty has been a controversy in the United States justice system since its commencement (Bakken & Morris, ).
Although extremely controversial, it has stood the test of time as the definitive penalty. Many tried to argue that the death penalty violated the eighth amendments and that capital punishment is cruel and unusual.
In , Furman v. Georgia successfully brought an temporary end to the death penalty for ten years. Eventually the death penalty was reinstated with the execution of Gary Gillmore on January 17,