Is Capital Punishment Constitutional - 2107 Words

The United States of America, and nations worldwide mourned the execution of Troy Anthony Davis on September 22 of 2011. He was a convicted felon sentenced to death for the murder of a police officer in the state of Georgia. Davis became the face of capital punishment before and after his execution, causing uproar from the public and public figures worldwide. In an interview for CNN, Germany’s junior minister for human rights, Marcus Loening, stated, â€Å"There are still serious doubts about his guilt. An execution is irreversible – a judicial error can never be repaired† (Wilkinson). Georgia, along with thirty-two other states, considers capital punishment constitutional. The eighth Amendment to the United States Constitution states â€Å"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted† (Cornell). Why is it then, that the United States Supreme Court finds capital punishment constitution al? Through an array of research of law and philosophy behind the death penalty, one must keep in mind that these are people’s lives in discussion. The United States holds justice, liberty, and freedom as central to its democracy. However, it practices capital punishment on the same scale as a communist country like China, a broken government country like Iran and an absolute monarchy country like Saudi Arabia. The Death Penalty is the ultimate punishment when seeking justice for a crime so heinous that a life sentence would notShow MoreRelatedCapital Punishment Is Not So Easy Way Out892 Words   |  4 PagesCapital Punishment a not so easy way out. Is showing the country that killing people is wrong by killing other people the right way to do it? Capital Punishment is a legal form of justice in 31 states of USA. This sentence consist in taking the life of the accused individuals as a punishment for committing atrocious crimes such as murder, rape and child abuse. Not only capital punishment is morally and ethically wrong, Capital punishment also violates our constitutional rights, it also takes theRead MoreBanning Capital Punishment in the United States Essay1187 Words   |  5 PagesBanning the use of capital punishment in the United States Capital punishment (the death penalty) is a legal procedure which is known as the most severe punishment where the law authorizes execution as a punishment for criminals (Gerald, 2008). Many people claim that allowing such a punishment will help decrease the crime rate, and also give closure to the victim’s family, but if you as American citizens analyze this situation in more detail you can see that taking a life for taking a life is moreRead MoreCapital Punishment : Deontology Vs. Consequentialism1165 Words   |  5 Pages Capital Punishment: Deontology vs. consequentialism Subject: Analyze the deontological and consequentialist arguments on both sides of the issue of capital punishment in Gregg v Georgia. In this paper I will present the moral arguments of deontology and consequentialism used to determine whether or not using the death penalty was in fact constitutional. I will present both sides of the arguments and present them in the context of this trial and of similar situations where the arguments couldRead MoreShould Capital Punishment Be Allowed?1376 Words   |  6 Pagesthirty-one states and the federal government under the capital punishment sentence (â€Å"Facts About the Death Penalty†). Throughout those years however, controversial opinions have aroused on whether the capital punishment should be permitted, its success on reflecting a deterrent effect, and even its morality. Although it is often argued that Capital punishment is appropriate when the crime reaches an egregious extent, the revocation of constitutional securities, discrimination within race and income statusRead MoreThe Death Penalty : Costly, Counterproductive, And Corrupting1678 Words   |  7 P agescrime: costly, counterproductive and corrupting; 35 Santa Clara Law Review 1211 (1995) Summary paragraph: In Stephen Bright’s article, â€Å"The Death Penalty as the Answer to Crime: Costly, Counterproductive, and Corrupting† Bright asserts that capital punishment does not work because it is racially biased, the quality of the lawyers and attorneys supplied by the state to poor defendants is unfair, and that the law system currently in place does not accomplish its true goals. Bright defends his claimRead MoreIs Lethal Injection More Humane Than Hanging Or Firing Squad?815 Words   |  4 Pagesthe name of Sir Robert Christison in 1846, lethal injection was later implemented for the first time in 1977 by American medical examiner Jay Chapman as a way to supplement previous forms of capital punishment seen as painful. This relatively new form of execution has been the primary form of capital punishment in five countries, including the United States, for about the past thirty years, but has come under much criticism in recent years for its presumed inhumane proceedings. Near fifteen hundredRead MoreThe Case Of The United States Constitution1354 Words   |  6 Pagesallows the originally intended and unbiased ideas of the founding fathers to be applied to modern legal scenarios. Originalism is the most appropriate constitutional theory to follow when making judicial decisions since it is more consistent and unbiased than other theories, such as moral constitutionalism for example,. The preceding constitutional theory contains an unjust and improper argument as to why it is successful as opposed to originalism and each other. The theory allows the ConstitutionRead MoreThe Death Penalty Is Justified1143 Words   |  5 PagesObjective paper on the death penalty Capital punishment is legally authorized killing as punishment for a crime. The death penalty questions the morality of killing a person as justification for their crime. It also brings to question whether the death penalty actually serves as a deterrent for crime, and that some of the people executed are found innocent afterwards. The debates over the constitutionality of the death penalty and whether capital punishment should be used for retribution are alsoRead MoreDeath Penalty As A Form Of Capital Punishment895 Words   |  4 Pages In some states they practice death penalty as a form of capital punishment. The death penalty has been around since the country has been founded and is defined as the punishment of execution, administered to someone legally convicted of a capital crime. Legally there are only a number of ways one can be executed here in the U.S, those include; lethal injection, electrocution, gas chamber, hanging, and firing squad, with lethal injection being t he most common form. For centuries people have arguedRead MoreTaking a Look at Capital Punishment1080 Words   |  4 Pages Since 1608, legal systems have used capital punishment as justice. â€Å"As of November 2014, 32 states have the death penalty. There have been a total of 1348 executions from January 1977 to the end of 2014† (capitalpunishmentuk). The capital punishment only affects those who sentenced in the crime of rape or murder. The most popular death method is lethal injection. There are other options such as â€Å"electrocution, hanging, shooting, and the gas chamber† (capitalpunishmentuk) but theses alternative