Wednesday, November 13, 2019

Against Capital Punishment Essay -- Papers Argumentative Death Penalty

Against Capital Punishment Currently in the United States, the death penalty is ruled constitutional. This is a mistake, and capital punishment should be unconstitutional. The imposition of the death penalty has been challenged under the Eighth Amendment of the Constitution that states, ?Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.? 6 (United States Constitution) Throughout its existence, the death penalty has been racially bias, performed on the innocent, and administered cruel and unusual punishment. Many cases have been brought before the Supreme Court arguing that the death penalty should be considered Cruel and unusual punishment. ?In 1967, the President's Commission on Law Enforcement and Administration of Justice found the death penalty is most frequently imposed and carried out on the poor, the Negro, and the members of unpopular groups.? 1 (references of www.deathpenalty.org). This finding supported the claim that the death penalty was unusual punishment because it was not administered fairly to everyone. It also one of the major factors that helped to stop in executions and that lasted nearly ten years. On June 3, 1967, the death penalty was put on hiatus while the Supreme Court entertained arguments that attacked the unconstitutionality of the death penalty. The first case to reach the Supreme Court after the unofficial halt of executions was the case of Witherspoon v. Illinois in 1968. In this case the jury handed down a death sentence. The state had purposely excluded all citizens from serving on the jury who had feelings opposing the death penalty. This was not constitutional for the state to do and the Supreme Court agreed sa... ... or verbal formulas that actually will provide consistency, fairness, and reliability in a capital-sentencing scheme. I am not optimistic that such a day will come.? U.S. Supreme Court Justice Harry Blackman The fact is that there is no perfect method for imposing or carrying out capital punishment. Too many factors such as race and the chance of error or mistakes make the death penalty flawed. It is an extremely cruel and unusual form of punishment and should be ruled unconstitutional. Bibliography: 1) References of www.deathpenalty.org 2) CQ Researcher, Congressional Quarterly Inc., March 10, 1995. Vol. 5, No. 9 3) When The State Kills..., Amnesty International USA, 1989 4) Helen Prejean, C.S.J., Dead Man Walking, pg. 19-20, 216-217 5) Newspaper Article-California Gas Chamber 6) United States Constitution

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