We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Unconstitutionality of Capital Punishment - Research Paper Example

Free
An individual in prison does not lose the right to have rights. A prison remains a member of the human family” (Mandery, 167). Thesis: The capital punishment is unconstitutional since it is a violation of the right to life and has not been proven as an effective deterrent of crimes. II. Arguments/Discussions According to Justice Stewart, “death penalty sentences are cruel in the sense that they excessively go beyond, not in degree, but in kind, the punishment that the legislatures have determined to be necessary. It is equally clear that these sentences are unusual in the sense that penalty of death is infrequently imposed for murder, and that its imposition on rape for rape is extraordinarily rare. The infliction of death penalty is impermissible in all circumstances under the Eighth and Fourteenth Amendments” (Mandery, 172). On the other hand, the report of Even Mandery stated that Justice White addresses the constitutionality of the capital punishment under the three (3) issues: 1. “The legislature authorizes the imposition of death penalty for murder or rape; 2. 2. The legislature does not itself mandate the penalty in any particular class or kind of case, but delegates to judges or juries the decisions as to those cases, if any in which the penalty will be utilized; and Judges and juries have ordered the death penalty with such infrequency that the odds are now very much against imposition and execution of the penalty with respect to any convicted murderer or rapist. Thus, it must

Check these samples - they also fit your topic

Capital Punishment
The main assertion by advocates of the death penalty is that it helps to deter prospective crimes. Another assertion is for exercise of justice. However, even the opponents deem that there is injustice in imposing capital punishment. There is much controversy since opponents indicate that death penalty does not produce deterrence in reality.
8 pages (2000 words)Research Paper
Capital Punishment
Considering the diversified nature of such punishment; some of them are deserved to be mentioned. In ancient and medieval ages crushing by elephants was considered to be one of the most practiced forms of capital punishment. Among the countries who had restored to this practice India might be the most infamous one.
15 pages (3750 words)Research Paper
Capital Punishment
Such crimes are called capital crimes or capital offences and mostly include murder, espionage, treason and sexual crimes. Capital Punishment has been widely practiced in the past where people were hanged to death or their heads chopped off often for small crimes.
5 pages (1250 words)Research Paper
Capital Punishment
As we enter the 21st century, it becomes apparent that many countries step into the new century after shedding off their old skins by discarding practices that seem cruel; Capital punishment is one such practice. Many states have abolished capital punishment as it no longer compliments their stance on certain topics for example; human rights.
3 pages (750 words)Research Paper
Capital Punishment
Michigan, Alaska, Hawaii, Oregon, District of Columbia, Rhode Island, Wisconsin, Maine, North Dakota, Minnesota, West Virginia, Iowa, and Vermont are the American states/places in which death penalty is prohibited. In all the other American states, death penalty is legal.
6 pages (1500 words)Research Paper
Capital Punishment
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.
6 pages (1500 words)Research Paper
Capital Punishment
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.
8 pages (2000 words)Research Paper
Capital punishment
Only in few states such as Michigan, Alaska, Hawaii, Oregon, District of Columbia, Rhode Island, Wisconsin, Maine, North Dakota, Minnesota, West Virginia, Iowa, and Vermont, it is prohibited whereas in all the other states the death penalty is legal. There are many arguments in favor and against death penalty.
4 pages (1000 words)Research Paper
Capital Punishment
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.
4 pages (1000 words)Research Paper
Capital punishment
This was known as Capital Punishment. Capital punishment is a highly debatable issue in present time. Though it was much more prevalent till the 19th century in
8 pages (2000 words)Research Paper
be considered whether its execution is in violation of the Eighth Amendment” (173).
III. Conclusion
Capital punishment is unconstitutional and has not been proven as an effective means to deter crimes. It is imposed discriminatorily against certain identifiable classes of people. Evidence has shown that innocent people have been executed before their innocence or guilt has been proven. It has not been established as an efficient deterrent of crime. Mandery reported that “The United Nations Committee study shows that there is no correlation between the existence of capital punishment and lower rates of capital crime”(176). It is violative of the Eighth Amendment on the ground that it is not needed to achieve legitimate penal sanctions. It is a transgression of the Bill of Rights to guard the people against cruel and inhuman punishments.
“Death penalty wreaks havoc our entire criminal justice system and violates one’s right to life. It shocks the conscience and sense of justice of society” (Mandery, 178).
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Unconstitutionality of Capital Punishment Research Paper”, n.d.)
Retrieved from https://studentshare.net/other/27398-unconstitutionality-of-capital-punishment
(Unconstitutionality of Capital Punishment Research Paper)
https://studentshare.net/other/27398-unconstitutionality-of-capital-punishment.
“Unconstitutionality of Capital Punishment Research Paper”, n.d. https://studentshare.net/other/27398-unconstitutionality-of-capital-punishment.
  • Cited: 0 times

Summary

It has been a long standing debate for over thousands of decades whether or not imposition of capital punishment is an effective means to deter commission of crimes. Advocates of capital punishment or death penalty makes reference to the biblical passage from Exodus 21:23-25, “An eye for an eye, a tooth for a tooth, a hand for a hand, a tooth for a tooth,” which means that for every wrong done, there must be a compensating measure of justice…
Unconstitutionality of Capital Punishment
Read TextPreview
Comments (0)
Click to create a comment
Let us find you another Research Paper on topic Unconstitutionality of Capital Punishment for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us