tmoreland
Jun 18, 2011
Research Papers / Research paper on Death Penalty -- specific criminal cases [6]
Death Penalty must be five pages graded on content clarity and completeness. I am for the death penalty but we have to identify several supreme court cases related to the death penalty and specific criminal cases. Also must talk about capital punishment.
I dont know where to start any help would be great.
=============
Capital Punishment
Capital punishment has always been a very controversial issue, many people have different views of cruel and unusual punishment, especially when it comes down to who receives the death penalty and who doesn't. Personally I believe if you kill someone in self-defense that it is just self- defense and you should have the right to protect yourself, however if you deliberately kidnap, and or rape and kill someone that you should receive the death penalty. There not a reason in the world the defense attorney can give to justify his clients actions. Those who oppose the death penalty often say it sends the wrong message to take a life as a form of punishment though the Bible even refers to murder as being punishable by death:
"But should any person dare to kill another with deliberate planning, you will take that person even from my altar to be put to death (Exodus 21:14)."
Before 1923 executions were carried out by the counties in Texas. The first state execution was February 8, 1924 Charles Reynolds was the first of five to be executed. Joseph Johnson was the last electrocution in Texas, conducted on July 7, 1964 in total 361 inmates died by electrocution. The united States declared capital punishment cruel and unusual punishment in 1972, the Texas governor changed 52 sentences to life in prison. They resumed executing in 1982, Charlie Brooks was the first person in Texas to die by means of electrocution (History). Abolitionists refer to the lethal injection, and electrocution as being cruel and unusual punishment however I believe there are worse ways to die such as being hung, stoned to death, buried alive, beheaded, or thrown into a snake pit. According to TDCJ lethal injection usually takes about seven minutes from start to finish, and consists of three ingredients to be injected in specific order the first does sedates the person, the second collapses the diagram and lungs, and the final dose stops the heartbeat (Lethal Injection).
Capital Punishment serves as a deterrent for criminals, Ernest van den Haag, in his article "On Deterrence and the Death Penalty" mentions, "One abstains from dangerous acts because of vague, inchoate, habitual and, above all, preconscious fears (193) ".It makes people think twice just like if there wasn't a speed limit everyone would likely go eighty miles per hour because they could and nothing would be stopping them, just as if the death penalty weren't in place nothing would be stopping serial killers. Those against the death penalty debate that a life sentence serves as a better deterrent for criminals and sitting in a prison for the rest of your life is a better form of punishment because it is demeaning. If we start sentencing all murderers to life in prison the government is going to be housing and providing three meals a day for 60 to 70 years in some cases. Having free food and a roof over ones head isn't a bad deal for some people so why not murder. If we start sentencing everyone to life our overcrowded prison system is going to run in to serious problems. The crime in prisons will increase because people sentenced to life won't care if they kill someone in prison. So while it may cost two to five times more to execute someone than keeping them in prison for the rest of his life, the cost is so high because of the appeals, and additional judicial procedures that drag the process out. I think we can cut down on the cost and help to make prisons safer by shortening the time spent on death row and limiting the number of appeals allowed. Jacob Jacoby points out the United States did not have Capital Punishment from 1967 to 1976, reports from 1965 to 1980 show that the murder rate doubled and at the time the death penalty resumed Texas saw a sixty percent decrease in murders ("Capital Punishment Saves Lives"). If we were able to see that much of a decrease in crime why would anyone oppose a system that seems to be working. Poet Hyman Barshay expresses that we should not do away with something that does good just because we don't hear of the results very often:
"The death penalty is a warning, just like a lighthouse throwing its beams out to sea. We hear about shipwrecks, but we do not hear about the ships the lighthouse guides safely on their way. We do not have proof of the number of ships it saves, but we do not tear the lighthouse down (Barshay)."
Many oppose the death penalty and don't think it's necessary, advocate of anti-death penalty, Adam Bedau expressed, incapacitation will only occur if the criminal would have been involved in more crimes while imprisoned instead of being sentenced to death (Bedau). Much of the death row population is minority groups however minorities generally are related with gangs, drug trafficking, and violence whether it be retaliation or just trying to steal from the competition, after they are sentenced to life they have nothing to lose and can take out competition inside the prison. Journalist Andrew Price refers to a study conducted in 1996, it was found that 43.2% of violent crimes and 54.9% of all murder cases were committed by African Americans and they are 10% more likely to have prior felony convictions and 20% more likely to have prior homicide convictions (Price). If the percentage of repeat offenders is that high what makes people think life in prison won't give them more time to repeat again. The media may portray the death penalty as a bad thing however according to a recent Gallop poll conducted in 2010 64% of the population supported the death penalty while only 29% opposed (Gallup). Americans agree we need to do something to lower the number of murders and the way to do it is advocate the death penalty
The Death Penalty offers a life for a life for some the meaning of this is true justice. It helps to give closure to the victims' families and for others it doesn't, however it closes a door to a bad memory in one's life. To lose a loved one is a horrible experience no matter ones age or the reason, nothing can bring them back, however to know they were brutally murdered it would make one feel better if the person responsible was gone forever and not just behind bars.
While other states may have more lax death penalty law Texas doesn't, especially for someone who murders children. As stated by the Texas Department of Criminal Justice the following crimes can result in the death penalty, "murder of a public safety officer or firefighter, murder during the commission of kidnapping, burglary, robbery, aggravated sexual assault, arson, or obstruction or retaliation, murder for remuneration, murder during prison escape; murder of a correctional employee, murder by a state prison inmate who is serving a life sentence for any of five offenses (murder, capital murder, aggravated kidnapping, aggravated sexual assault, or aggravated robbery), multiple murders, murder of an individual under six years of age (Capital Offenses)." I am a firm believer that if someone rapes and then bashes a persons head in that they don't deserve to continue life on a daily basis causing the victims family pain, especially is the victim was a child the parents would never fully recover from the loss of a child however the closure it would bring would help pass the pain.
When you ask a criminal if they are guilty most of them will say no even if they are, no one wants to receive the death penalty. Today we have many forms of technology that weren't available 20 years ago such as DNA and in some cases fingerprints which rather accurately prove guilt or innocence. Many court cases have helped the guilty prove innocence if possible such as Schulp v. Delo and House v. Bell. Schulp v. Delo made it easier to reopen a case in light of new evidence, and House v. Bell allowed DNA evidence found after the conviction to be considered in appeals (Wikipedia). It is my firm belief that if these criminals are innocent that they should be able to prove it, Ohio offered to pay for inmates DNA testing if it could possibly prove innocence, wasn't available at the time of their trial, and the original sample hadn't been contaminated, though at the time there were no takers (11JuOhio DNA). Innocent people would have jumped at the chance to prove their innocence but no one did, this is an example that our system works.
There are many points one can argue in favor or opposing the death penalty but I have to stand by my beliefs that if any one purposely takes a life not out of self-defense that they must pay for the crime they committed "lex talionis." We have a responsibility in life and it is to do the best we can for ourselves and our families, taking someone's life is the ultimate crime or sin any person can commit and while some do have mental problems causing them to commit crime other just do it because. Atkins v. Virginia ruled that the execution of mentally retarded violated the eight amendment rights (Wikipedia). Those who can help it are protected from the death penalty by this ruling some might try and hide it but overall it has kept those with mental disabilities from being executed.
Works Cited
Barshay, Hyman. "Info and Resources." 1 January 2010. Prodeathpenalty.com.
Bedau, Adam. Capital Punishment in Social Defense. n.d.
Gallup. 21 June 2011.
Haag, Ernest Van Haag. "Deterrence and the Death Penalty". n.d.
Holy Bible, New international Version. Grand Rapids : Zondervan, 2005.
Jacoby, Jeff. "Capital Punishment Saves Lives".2002.
Price, Andrew. "Death Penalty is a Black and White Issue." n.d.
Texas Department of Criminal Justice.
Wikipedia. 27 December 2010.
Suggestions would be awsome! Its due in the morning!
Death Penalty must be five pages graded on content clarity and completeness. I am for the death penalty but we have to identify several supreme court cases related to the death penalty and specific criminal cases. Also must talk about capital punishment.
I dont know where to start any help would be great.
=============
Capital Punishment
Capital punishment has always been a very controversial issue, many people have different views of cruel and unusual punishment, especially when it comes down to who receives the death penalty and who doesn't. Personally I believe if you kill someone in self-defense that it is just self- defense and you should have the right to protect yourself, however if you deliberately kidnap, and or rape and kill someone that you should receive the death penalty. There not a reason in the world the defense attorney can give to justify his clients actions. Those who oppose the death penalty often say it sends the wrong message to take a life as a form of punishment though the Bible even refers to murder as being punishable by death:
"But should any person dare to kill another with deliberate planning, you will take that person even from my altar to be put to death (Exodus 21:14)."
Before 1923 executions were carried out by the counties in Texas. The first state execution was February 8, 1924 Charles Reynolds was the first of five to be executed. Joseph Johnson was the last electrocution in Texas, conducted on July 7, 1964 in total 361 inmates died by electrocution. The united States declared capital punishment cruel and unusual punishment in 1972, the Texas governor changed 52 sentences to life in prison. They resumed executing in 1982, Charlie Brooks was the first person in Texas to die by means of electrocution (History). Abolitionists refer to the lethal injection, and electrocution as being cruel and unusual punishment however I believe there are worse ways to die such as being hung, stoned to death, buried alive, beheaded, or thrown into a snake pit. According to TDCJ lethal injection usually takes about seven minutes from start to finish, and consists of three ingredients to be injected in specific order the first does sedates the person, the second collapses the diagram and lungs, and the final dose stops the heartbeat (Lethal Injection).
Capital Punishment serves as a deterrent for criminals, Ernest van den Haag, in his article "On Deterrence and the Death Penalty" mentions, "One abstains from dangerous acts because of vague, inchoate, habitual and, above all, preconscious fears (193) ".It makes people think twice just like if there wasn't a speed limit everyone would likely go eighty miles per hour because they could and nothing would be stopping them, just as if the death penalty weren't in place nothing would be stopping serial killers. Those against the death penalty debate that a life sentence serves as a better deterrent for criminals and sitting in a prison for the rest of your life is a better form of punishment because it is demeaning. If we start sentencing all murderers to life in prison the government is going to be housing and providing three meals a day for 60 to 70 years in some cases. Having free food and a roof over ones head isn't a bad deal for some people so why not murder. If we start sentencing everyone to life our overcrowded prison system is going to run in to serious problems. The crime in prisons will increase because people sentenced to life won't care if they kill someone in prison. So while it may cost two to five times more to execute someone than keeping them in prison for the rest of his life, the cost is so high because of the appeals, and additional judicial procedures that drag the process out. I think we can cut down on the cost and help to make prisons safer by shortening the time spent on death row and limiting the number of appeals allowed. Jacob Jacoby points out the United States did not have Capital Punishment from 1967 to 1976, reports from 1965 to 1980 show that the murder rate doubled and at the time the death penalty resumed Texas saw a sixty percent decrease in murders ("Capital Punishment Saves Lives"). If we were able to see that much of a decrease in crime why would anyone oppose a system that seems to be working. Poet Hyman Barshay expresses that we should not do away with something that does good just because we don't hear of the results very often:
"The death penalty is a warning, just like a lighthouse throwing its beams out to sea. We hear about shipwrecks, but we do not hear about the ships the lighthouse guides safely on their way. We do not have proof of the number of ships it saves, but we do not tear the lighthouse down (Barshay)."
Many oppose the death penalty and don't think it's necessary, advocate of anti-death penalty, Adam Bedau expressed, incapacitation will only occur if the criminal would have been involved in more crimes while imprisoned instead of being sentenced to death (Bedau). Much of the death row population is minority groups however minorities generally are related with gangs, drug trafficking, and violence whether it be retaliation or just trying to steal from the competition, after they are sentenced to life they have nothing to lose and can take out competition inside the prison. Journalist Andrew Price refers to a study conducted in 1996, it was found that 43.2% of violent crimes and 54.9% of all murder cases were committed by African Americans and they are 10% more likely to have prior felony convictions and 20% more likely to have prior homicide convictions (Price). If the percentage of repeat offenders is that high what makes people think life in prison won't give them more time to repeat again. The media may portray the death penalty as a bad thing however according to a recent Gallop poll conducted in 2010 64% of the population supported the death penalty while only 29% opposed (Gallup). Americans agree we need to do something to lower the number of murders and the way to do it is advocate the death penalty
The Death Penalty offers a life for a life for some the meaning of this is true justice. It helps to give closure to the victims' families and for others it doesn't, however it closes a door to a bad memory in one's life. To lose a loved one is a horrible experience no matter ones age or the reason, nothing can bring them back, however to know they were brutally murdered it would make one feel better if the person responsible was gone forever and not just behind bars.
While other states may have more lax death penalty law Texas doesn't, especially for someone who murders children. As stated by the Texas Department of Criminal Justice the following crimes can result in the death penalty, "murder of a public safety officer or firefighter, murder during the commission of kidnapping, burglary, robbery, aggravated sexual assault, arson, or obstruction or retaliation, murder for remuneration, murder during prison escape; murder of a correctional employee, murder by a state prison inmate who is serving a life sentence for any of five offenses (murder, capital murder, aggravated kidnapping, aggravated sexual assault, or aggravated robbery), multiple murders, murder of an individual under six years of age (Capital Offenses)." I am a firm believer that if someone rapes and then bashes a persons head in that they don't deserve to continue life on a daily basis causing the victims family pain, especially is the victim was a child the parents would never fully recover from the loss of a child however the closure it would bring would help pass the pain.
When you ask a criminal if they are guilty most of them will say no even if they are, no one wants to receive the death penalty. Today we have many forms of technology that weren't available 20 years ago such as DNA and in some cases fingerprints which rather accurately prove guilt or innocence. Many court cases have helped the guilty prove innocence if possible such as Schulp v. Delo and House v. Bell. Schulp v. Delo made it easier to reopen a case in light of new evidence, and House v. Bell allowed DNA evidence found after the conviction to be considered in appeals (Wikipedia). It is my firm belief that if these criminals are innocent that they should be able to prove it, Ohio offered to pay for inmates DNA testing if it could possibly prove innocence, wasn't available at the time of their trial, and the original sample hadn't been contaminated, though at the time there were no takers (11JuOhio DNA). Innocent people would have jumped at the chance to prove their innocence but no one did, this is an example that our system works.
There are many points one can argue in favor or opposing the death penalty but I have to stand by my beliefs that if any one purposely takes a life not out of self-defense that they must pay for the crime they committed "lex talionis." We have a responsibility in life and it is to do the best we can for ourselves and our families, taking someone's life is the ultimate crime or sin any person can commit and while some do have mental problems causing them to commit crime other just do it because. Atkins v. Virginia ruled that the execution of mentally retarded violated the eight amendment rights (Wikipedia). Those who can help it are protected from the death penalty by this ruling some might try and hide it but overall it has kept those with mental disabilities from being executed.
Works Cited
Barshay, Hyman. "Info and Resources." 1 January 2010. Prodeathpenalty.com.
Bedau, Adam. Capital Punishment in Social Defense. n.d.
Gallup. 21 June 2011.
Haag, Ernest Van Haag. "Deterrence and the Death Penalty". n.d.
Holy Bible, New international Version. Grand Rapids : Zondervan, 2005.
Jacoby, Jeff. "Capital Punishment Saves Lives".2002.
Price, Andrew. "Death Penalty is a Black and White Issue." n.d.
Texas Department of Criminal Justice.
Wikipedia. 27 December 2010.
Suggestions would be awsome! Its due in the morning!
