Death Penalty Research Paper Outline

Death Penalty Research Paper Outline-82
Furthermore, even if only one innocent person were sentenced to death it would be too many. I fully agree with the author's observations but still believe whitleblowers are admirable. Equal justice and the death penalty: A legal and empirical analysis. It is believed that this still presents these people with the opportunity to offend again. Stephen Nathanson writes, To do away with punishment entirely would be to do…… Although whistleblowers perform an admirable and courageous act of public service, their efforts are thwarted by legal, political, and social obstacles. There is a strong sentiment that those who commit the kind of crimes that would warrant the death penalty should not be put into prison for life. Justice is intrinsically unequal, so assigning it the responsibility of life and death decisions is unwarrantable. A whistleblower is brought into the public eye, making it difficult for that individual to operate socially or in a business environment. Statistics show that black murderers are far more likely than white murderers to get the death penalty, especially if the victim was white.

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However, many states still rely on the death penalty as a form of retribution for capital murder, but if the wrong committed cannot be corrected or compensated for, then what value does the death penalty serve?

One argument in favor of the death penalty is that it allows the government to exact retribution by taking the life of the killer (Budziszewski).

(Messerli, 2007) Despite the fact that the death sentences were a constant element of society in the past, which actually initiated from lynching and ended in the modern capital punishment and is still applicable in some states the topic of death penalty is one amongst the most fretfully discussed topics in public. "Retribution as Revenge and Retribution as Just Deserts." Social Justice Research 26 (2013): 61-80. Death Penalty All indications are that capital offenses are on the rise and the response to this phenomenon has been a cry to impose capital punishment as retribution. The fact that the murder was not premeditated seemed to also be taken into account. court=va&vol=1000395&invol=1 Gregg v Georgia, 428 U. According to some who believe in God and feel that capital punishment is acceptable under the scriptures, there is one main point, which is that "This is not an issue that may be measured accurately in terms of statistics. These three key points include: the fact that the death penalty is ineffective in efforts of crime prevention; the death penalty is immoral; and the majority of Americans do…… These are issues that further contribute to the injustice of the death penalty for women, particularly in states such as Texas, and particularly in cases where women are innocent like Jacobs or mentally ill like Yates. CONCLUION Women face a wide variety of integrated problems when faced with any sort of conviction, and particularly the death penalty. The ongoing debate on whether the death penalty should be retained or abolished concerns itself with the issue of justice from differing perspectives. Those inmates who cannot afford to fight a good appeal are the worse off of all. During those 17 years, Cynthia Barlieb's family was forced to repeatedly relive her murder. However, several conditions must be met for the fear of death to act as a deterrent. Here, they argue that through the long-term imprisonment of criminals, who would have otherwise been on death row, the government wastes funds which should ideally be used for other more worthy needs including but not……

The topic of Capital punishment accompanies several legal, communal and ethical concerns. Certainly the issue is one of the most hotly debated in the world today; both for consideration of its humaneness as well as efficacy as a deterrent. Keynote Address, 26 Ohio Northern University Law Review 517. The facts of the case seem to indicate that Furman went to rob someone and that…… No one can ever know how many potential murderers have refrained from taking human life due to their fear of prosecution, conviction, and ultimate execution" (Jackson, 2003). These issues are generally a result of circumstances beyond the control of these…… ACLU Applauds Jury Decision to Spare Andrea Yates' Life. The abolitionists, for instance, argue that the death sentence runs the risk of executing some convicted people, whose innocence is…… "When Murderers Die, Innocents Live." The Boston Globe. Because DNA testing and more traditional forms of evidence can be used to reverse the death penalty, caution should be used when sentencing a citizen to death. The families of the wrongfully convicted deserve such consideration. pid=cost Death Penalty Evolution of the Death Penalty in Supreme Court Jurisprudence Capital punishment has been in existence for centuries. C., the use of the death penalty was found in the Code of King Hammurabi (Death Penalty Information Center [DPIC], 2010). hen a person is murdered, it is understandable that American society demands justice, particularly on behalf of the victim's family and loved ones. The person must feel that there is a significant possibility that they will be caught and punished for their crimes.

Capital Punishment, the American Conscience, and the End of Executions, Harper Perennial, 200- 250. It is a charged moral issue that regularly invokes heated debates both for and against the death penalty. The death penalty is also extremely costly even though it would seem that killing a convict costs less than feeding one.…… Since that time, the death penalty has been a part of the American criminal justice system.

Mandery, E, J., (2011) Capital Punishment: A Balanced Examination, Jones & Bartlett Learning, 2 edition, 550- 578. "Capital Punishment: Deterrent Effects & Capital Costs." Columbia Law School, Columbia University. Since the inception of executions, ethicists have used religion, emotion and practicality as the basis for their arguments. Rethinking the Death Penalty: Can We Define Who Deserves Death? However, its use has not been without strong opposition. There can never be any justification for torture or for cruel treatment" (White, n.d., pg. In addition to the argument that it is a denial of human rights, abolitionists have an equally strong offender-centered argument of innocence (White, n.d. Further arguments against the death penalty consist of its use against primarily poor offenders, its inconsistent use, and the fact that convicted criminals, even murderers, can reform in prison and be reproductive once again (White, n.d., pg. White uses the example of Stanley "Tookie" Williams to show this is true. In the 1972 United States Supreme Court case 'Furman vs. It is, therefore, surprising that some countries continue to use the death penalty for capital crimes such as murder. Let us for instance take the example of a captured terrorist or a suicide bomber. The execution in some states of minors and retarded inmates is profoundly shocking to many people in the U. And abroad, as is the multiplicity of judicial errors that have sent innocent people to execution chambers or long terms on death row." Regardless of what people have to say about death penalty, researches and unbiased studies have shown that this form of punishment doesn't serve any good purpose. "A commonsense theory of deterrence and the ideology of science: The New York State death penalty debate." Journal of Criminal Law and Criminology, 1: 307. It is the ultimate cruel, inhuman and degrading punishment. They argue that innocent people are often put to death, in what can only be termed a heinous denial of justice. Ratified in 1791 as part of the Bill of Rights, this amendment has been cited as an argument against capital punishment (Eighth Pp). Indeed, this trend is evident in the worldwide human rights movement that protests and fights against cruel practices such as child labor, prisoner abuse, war crimes, and domestic violence against women and children. That is to say that if the execution of a prisoner will save the lives of many people capital punishment can be approved in such cases. Thomas Sancton (1991) reveals, "...blacks and Hispanics are proportionally far more likely to be sent to death chambers than whites; that poor defendants are condemned more often than rich ones; that the existence of the death penalty, despite widespread beliefs to the contrary, in fact has no deterrent value. Mcveigh Could Be the Best Argument for Executions, but His Case Highlights the Problems That Arise When Death Sentences Are Churned Out in Huge Numbers., Time, , Pp 31 . The brief history of death penalty shows that this is nothing new, because it was something that was practiced right from the eighteenth century BC, in Babylon, and thereafter in Athens, and in ome, and in Great Britain. Death Penalty An on-going Debate on Ethics and Morality The debate on whether the death penalty, or capital punishment, should be utilized in the United States is best seen in the varied laws that exist within each state. map is quite divided and many have joined the on-going debate on whether or not the U. Summary and Conclusion The purpose of this discussion was to examine several landmark Supreme Court cases and explain the evolution of capital punishment jurisprudence from 1972 to the present. A Robinson (1995), ' Capital Punishment: Death Penalty Data', Accessed Feb 20th 2010, Updated Dec 07, 2009, Available at, This article puts forward the notion that when analyzing the "...relationships between minority groups and mainstream populations," the issue of whether the use of "formal control is applied fairly and consistently between these different groups" is a pivotal place to begin (Ruddell, et al., 2004). Against Capital Punishment the Anti-Death Penalty Movement in America, 1972-1994 (New York: Oxford University Press, 1996)…… "Trying to Understand America's Death Penalty System and Why We Still Have it," Journal of Criminal Law and Criminology 94.1 (2003) Haines, Herbert H. From initial charging decisions to plea bargaining to sentencing by the jury, lack defendants receive harsh treatment and, as victims, their lives are given less value than whites. Arguments for Juvenile Death Penalty A Murder is a Murder: The advocates for juvenile death penalty argue…… scid=38& did=884#amn 'Recent Public Opinion on the Juvenile Death Penalty." (n.d.) Death Penalty and Information Center. With the average individual on death row being sent to prison not to be executed immediately, but to serve a significant…… The death penalty cannot be considered much if at all crueler than a life term in prison, and when the death penalty is proportional to a crime, it is by no means unusual. Proponents on the other hand state that it is important to…… The work is troubling but based on serious inquiry and serious thought. (2003) The contradictions of American capital punishment. Zimring's book is a fascinating discussion about the history of capital punishment in the U. with comprehensive look at the ebb and flow of the laws that entrench it and the many theories and contradictions that are embedded in it. The deontological theory on the other hand is concerned only with the rightfulness of an act irrespective of its…… Discrimination and instructional comprehension: guided discretion, racial bias, and the death penalty. Death Penalty is the most severe forms of punishment that can be accorded to a criminal who has committed a crime and deserves to be punished. Despite the fact that most industrialized, westernized countries have rid themselves of the death penalty, and despite the fact that many argue cruelty and lack of civilized due process in utilizing such punishment, many of those who uphold the death penalty claim that it does work, especially in deterring criminals. [Read More] The debate over the death penalty remains and the Supreme Court will most likely be asked decide such cases for years to come. For instance the disproportionate number of crimes by the economically disadvantaged African-Americans when compared to Caucasians is a clear instance for external factors that could influence the behavior of a person. [Read More] Bibliography 1) Amnesty International (2009)' More Executions in Japan as other countries Reject the Death penalty', Accessed Feb 20th 2010, Available at, 2) Amnesty International, 'The Death Penalty in Canada: Twenty Years of Abolition', Accessed Feb 20th 2010, available at, Bureau of Justice Statistics (2009), 'Executions: Key Facts at a Glance', Accessed Feb 20th 2010, Available at, B. National Death Penalty Fact Sheet / Race and the Death Penalty. It is almost impossible to believe that modern society and some of the world's greatest powers continue to uphold such practices. "Trying to Understand America's Death Penalty System and hy e Still Have it," Journal of Criminal Law and Criminology 94.1 (2003) Haines, Herbert H. lack citizens are, thus, subjected to double discrimination. The action reversed the death sentences of 72 convicted murderers in the U. In this paper I shall examine some of the arguments for and against the death penalty for juveniles and the implications of enforcing or doing away with juvenile death penalty. In viewing the state of the national economy alone in terms of this number, it becomes clear that death-row prisoners kept in prison as well as those prisoners serving a life sentence continue to offend society by becoming a consistent drain on the country's resources. Opponents have also claimed that the death penalty is a violation of the 8th amendment, cruel and unusual punishment and that it does not belong in any civilized society. While the legal cost of executions maybe high they are insignificant when compared with delivering justice. As such, it is unlikely to change in light of knowledge or information about the death penalty and its administration" (Vollum & Buffington-Vollum, p. Furthermore, "those who scored higher on value-expressive attitudes were less accepting of information critical of the death penalty and, in turn, less likely to change their views in light of the information presented." Thus, the widespread support of the death penalty in the face of ample evidence suggesting both its functional inefficacy and unjust application is explained by the fact that much support for the death penalty is shaped by values and beliefs wholly separate from evidence or data, and as such those beliefs are largely immutable in the face of such evidence. There are many numbers of people who either support death penalty or are against it, and there are quite a few arguments in support of both. Retrieved From on 24 March, 2005 Capital Punishment, Three good reasons for supporting the death penalty. North Carolina, Gregg v Georgia, Mc Cleskey v Kemp, Ford v Wainwright, Atkins v Virginia and oper v Simmons. As a result more arrests take place in these communities…… "Capital Punishment," Theological Studies 54.1 (1993) Steiker, Carol S. Freedman (1997) adds that most capital defendants cannot afford a suitable attorney and so the court must appoint a counsel. In this case a functionalist may in turn look for latent functions the death penalty might serve including revenge or victim appeasement (Weisberg, 2003). In the past few decades the number of nations that sentence criminals to the death penalty has dramatically decreased, as more than two thirds of countries in the world have abolished the use of the death penalty in practice or law (Amnesty International, 2010). Retrieved November 24, 2010 from High Beam Research. Implicit in the preceding statement is that government and other social institutions must bring about a social environment that is safe and free of crime, especially serious offenses that can endanger lives. However, the Supreme Court has heard several such cases and consistently upholds the constitutional legality of the death penalty on Eighth Amendment grounds, as with Gregg v. The Supreme Court has also created limitations on the use of the death penalty,…… Retrieved online: resource ID=001715#VIII Murder cannot be a decried and yet practiced by the same entity without being hypocritical. His thesis is basically that the process is so "moral" and "ethical" because it is the stop gap effort of the nation to come to terms with why the death penalty is still on the books at all. It may be that they gain something, such as money, or they may feel that eliminating a person will offer them some type of protection. In such a case, it becomes hard for many to come to terms with death as a form of punishment for a loved one. Thus far the death penalty has only been considered in general as it relates to people's support for it. Another look at the deterrent effect of death penalty. However, what one decides ultimately rests on the individual and his cultural background and his religious and moral ethics, but the death…… Retrieved From on 24 March, 2005 Death Penalty Is Fair The Death Penalty Is a Fair Punishment for Murder Arguements have been raised concerning death penalty for a long time now. The research demonstrates a gradual evolution in the manner in which the Supreme Court views cases involving the death penalty. "No, Capital Punishment Is Not Morally Required: Deterrence, Deontology, and the Death Penalty," Stanford Law Review 58.3 (2005) It would seem that many criminals would find this more amusing than frightening. Major studies found that the quality of defense representation in capital murder trials is in general far lower than in felony cases. The State must offer attractive pay to competent counsels on the one hand and there many poor people needing them on the other. Functionalists support strong condemnatory action because weak or less severe penalties may suggest that the underlying conduct "is not genuinely worth condemnation" (Weisberg, 467). The increase in countries choosing to abolish the death penalty is for good reason, as the arguments against its use are numerous and are based in reliable research and logic. Retrieved November 24, 2010 from High Beam Research. All arguments against the death penalty appear doubly applicable to women so convicted; those already victimized by their circumstances and relationships are further victimized by a justice system that is supposed to help them, while the guilty are allowed to continue with their crimes, freed by the skill of high-priced lawyers. Viewed from this perspective, it appears that perhaps the death penalty is a necessary recourse for any society, which wishes to prevent the reoccurrence of severe crimes. "To murder victims' families, executing killers is justice." The Baltimore Sun. [Read More] References Cornell Law School Legal Information Institute (2017). Retrieved online: Death Penalty Information Center (2017). Retrieved online: “Is the Death Penalty Unconstitutional? Innumerable individuals on death row have been wrongfully convicted due to any number of reasons. A good example is the 1985 murder of convenience store clerk Cynthia Barlieb, whose murder was prosecuted by a district attorney bent on securing execution for Barlieb's killer (Pompeilo 2005). "Arbitrariness and the death penalty: how the defendant's appearance during trial influences capital jurors' punishment decision." Behavioral Sciences & the Law. In any case, the person justifies their actions through a perceived reward in the future (Horisch and Strassmair). Thus though capital punishment may be viewed as a symbol of justice by the victim's family as well as friends, it surely does cause pain to the wrongdoer's family and friends who may have had nothing to do with the offense committed. Discouraging whistleblowing allows white collar crime to flourish. Rob Perez claims that whistleblowers suffer consequences including social isolation that may outweigh the impact of their courageous deeds. Whistleblowers should be encouraged to come forward because they ensure a more ethical society. As has been shown, not only does the death penalty lack any kind…… Journal of Advanced Research in Law and Economics, 1(1), 12-15. A lot of people consider death penalty as an immoral, or an unreasonable punishment. Tessie Hutchinson and the American System of Capital Punishment" 59 Maryland Law Review 553. In cases such as Furman v Georgia the arbitrary nature of the case was taken into account. They do not take their chances of being caught and subjected to capital punishment seriously enough to be frightened by the penalty like many assume they will be (van den Haag, 2001). Social Conflict Theory and the Death Penalty Social conflict theory typically connects deviant behaviors with power. The following discussion will highlight three facets of the powerful argument against the use of the death penalty. According to Dreyfuss (2003), women convicted of murder specifically face issues such as prosecutors who ignore mitigating circumstances, self-defence, abuse, and mental illness in seeking the death penalty. Further, and more important, imposing the death penalty plays a pivotal role in society being able to uphold the values of justice, innocence, and social well being. The appeals of death row inmates sometimes never get heard. The original trial and all the subsequent appeals forced Barlieb's family, including four young daughters, to spend 17 years in the legal process - her oldest daughter was 8 years old when Cynthia was first shot, and 25 when the process ended without a death sentence (Pompelio 2005). In the case of an intentional murder, the death penalty may deter the action. In recognition of opposing views, it is important to note that over time, those in support of capital punishment have often cited cost considerations. The death penalty methods of punishments were actually brought in from Great Britain to the United States of America, and there were any number of methods of execution, like for example guillotine, burning at a stake, or impalement. For this reason, many states, most of which are in the northern parts of the country are against capital punishment, while many southern states support this kind of a law. The research focused on the cases of Furman v Georgia, Woodson v. It is pivotal because "injustice" not only can have "a corrosive effect" on the perception of the fairness (or unfairness) of the criminal justice system; it may actually "contribute to increased crime." The rationale behind Ruddell's study is partly sociological and partly philosophical: when ethnic minority groups "increase in number and size, they also contest the status quo," and become a "threat." As the minority group grows, so do perceived threats to the economic and social structure of the majority increase, and hence "minority communities are likely to be policed more aggressively," Ruddell continues. Death by Discretion: Who Decides Who Lives and Dies in the United States of America? Against Capital Punishment the Anti-Death Penalty Movement in America, 1972-1994 (New York: Oxford University Press, 1996) Langan, John. Most juries still consist of all white members in many places (Freedman). Media Central, Inc.: PRIMEDIA Company, November 1, 2001 Easterbrook, Gregg. Florida: New Republic, July 21, 2003 Freedman, Eric. USA today: Society for the Advancement of Education, March 1997 Goldberg, Steven. National Review: National Review, Inc., June 30, 1989 Functional Theory Approach to Death penalty The functional theory approach to the death penalty is the longest standing explanation for why the death penalty works. The functionalist theoretical approach suggest that death penalty serves a certain function, that is, deterring crime (Weisberg, 2003; Gamson, 1988). Unfortunately this theory is somewhat debunk, as there is little hard evidence supporting the notion that the death penalty successfully deters crime. "Racial prejudice and the death penalty: A research note." Social Justice, 20(1-2): 150 Blumer, H. [Read More] References "Death penalty for minors: Cruel and unusual." (September 27, 2004). Death Penalty Whether or not the death penalty should be utilized as a punishment for serious crimes is a contentious issue, one that is hotly debated throughout the world. "Poll Shows Growing Support for Alternatives to the Death Penalty; Capital Punishment Ranked Lowest Among Budget Priorities." PR Newswire 16 November 2010. [Read More] Death Penalty Society's primary responsibility lies in working towards assuring the physical and psychological well-being of its honest and upright citizens. 29, 2004: The most notable provision of the Eighth Amendment to the Constitution is the prohibition against “cruel and unusual punishments.” Several arguments waged against the death penalty invoke the Eighth Amendment and claim that capital punishment is both cruel and unusual. Therefore, the death penalty is not a violation of the Eighth Amendment, as long as it is restricted for use in response to capital crimes unequivocally committed by mentally capable adults. [Read More] Tonry's book is a detailed and comprehensive look at racial disparity in the U. In the work he discusses how many experts have convened over the years to determine that there is no reason to believe that capital punishment is more of a deterrent to violent crime that life sentences and yet the U. government is still alone among all Western nations to retain its legality. He is also very effective at providing a relatively balanced look at just why in a social, political and legal sense that capital punishment exists today and especially at the manner in which it is applied, including an extensive look at why the appeals process is so vast and strict. However, the reasons why people commit crime are as different as the individuals themselves. The first is the carefully plotted, well thought out, planned act. The person must feel that they will gain some type of value from the action. [Read More] Bibliography 1) James Fieser, "Capital Punishment," Accessed on 3rd June 2007, available at Dudley Sharp, "Death Penalty as a Deterrent," Accessed on 3rd June 2007, available at Kenneth Cauthen, " Capital Punishment," Accessed on 3rd June 2007, Available at, is important to note that though the victim's family also does suffer, the accused could be somebody's mother, father, spouse or even best friend.


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