The writer of this paper aims to analyze the Capital Punishment Sentencing and suggests that mitigating and aggravating circumstances and factors play the critical role in deciding about whether capital punishment should be awarded to an offender or not…
Sanity evaluation will also be performed in order to assess and check the past history of Mr. Fryer. A possible reevaluation of other factors including assessing the risk of re-offending will also be analyzed. This evaluation will be done in order to contemplate upon the idea of whether if the offender is not punished, will he be able to repeat any offense or not.
Mitigating and aggravating circumstances and factors play the critical role in deciding about whether capital punishment should be awarded to an offender or not. Jurors will have to take into account these factors in determining the sentence of capital punishment.
Jury often has to take into consideration the balancing act between the aggravating and mitigating factors when deciding about capital murder cases. It is, however, critical to note that both the mitigating and aggravating factors need to be considered exclusively in capital punishment cases. (Rogers, 1997)
Aggravating factors are generally the factors which are duly supported by the evidence and point towards circumstances which can help the jury to make the harshest decision. Mitigating factors, however, points towards circumstances which are particular to defendant’s character and can also outline the circumstances under which the crime took place. Mitigating factors can force the jury to decide upon lesser punishment considering the fact that mitigating factors may help the defendant.
In this case, considering the overall mental and psychological condition of Mr. Fryer, his mitigating factors may weigh more with respect to his committing of murder. It is also critical to note that each jury member may view both the factors differently. However, from the point of view of forensic psychology, the mitigating factors especially may play important role in shaping the overall opinion because Mr. Fryer was clearly going through a medical condition which required his extensive policing and support. ...
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Some raise questions over ethical acceptability of the issue as well. The societies have in the past punished the criminals by sentencing them to death but now with the modernization of the world, there are many nations which have abolished the death penalty.
By examining the arguments on both sides and working to refute those arguments against it, the author is able to present a coherent and compelling set of arguments for continuing the practice; albeit with a few key adjustments. The question of whether or not a person supports or opposes the death penalty is an issue that attracts a great deal of attention currently in the United States.
These questions, and more, lead to the complexity of the death penalty debate. This paper will explore the moral reasoning for and against capital punishment, whilst taking into account two very different cases where the death penalty was used in the United States.
There were many instances where punishments applied were successful in instilling fear in the minds of the people. But when the crime committed crossed the acceptable code of conduct according to the ruling society, punishments had to take a menacing and life snatching form. This was known as capital punishment.
As a result, society developed systems of punishing those who commit serious crimes such as killing, stealing felony among others. One such way of punishing offenders was death penalty. Ideally, the authorities came up with procedures to be used in determining the crimes that warrant death penalty, the steps to be followed while executing individuals among others.
According to Robert Ruby’s “Capital Punishment’s Constant Constituency: An American Majority,” capital punishment has long since been a heated topic of debate of fairness and of constitutional rights and ethics. Between the years of 1972 and 2007, the Supreme Court has gone through many moments of indecision in concerns of the capital punishment.
In the past it was completely accepted by society but today sixteen states have acted against it. The majority of those states without death penalty have abolished the law, with some such as New York (in People v. Smith) and
The practice is not uniform across the states in the US. Some of the states do not allow capital punishment while others have the law permitting capital punishment. However, execution procedures may differ. As of May 2013, the District of Columbia and 18 other States have abolished the capital punishment for any kind of crime whatsoever.
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