Constitutionality of the Death Penalty - 1580 Words

Constitutionality of the Death Penalty Case Law and Prosecution There has been much controversy concerning the death penalty both within society and the judicial system. Courts throughout the nation have waivered back and forth on the subject. Several times in various states the death penalty has been abolished, re-instated, and vice-versa. From 1976 to present day the death penalty has been in effect federally, but that does not mean that the law will remain in place for good. There are still several issues concerning the death penalty; such as the method upon which death is inflicted. Other issues include whether or not juveniles and/or mentally handicapped individuals should be considered for the death penalty, and the†¦show more content†¦Certainly this is one area of legislation that is very much a gray area. It is increasingly difficult to discern what level of mental retardation constitutes being off limits with regards to capital punishment. With advancements in science and the medical arena, there are constant discoverie s within the mental illness field as well, and there are several cases in which defendants only claim some level of mental handicap after the crime has been committed. It is then up to a psychologist or several psychologists to determine their level of mental competency. In the late 1980’s, the Courts addressed the issue of capital punishment in relation to juveniles. Many believe that it is not the actual age of the offender committing the crime, but the mental capacity and awareness of the individual. Hence, if a person is mentally competent to fully understand what he/she did, and the repercussions of his/her actions, then the individual should be reprimanded the same way an adult would. The Courts have come up with a more clear-cut method when dealing with juvenile defenders. Determining the mental competency in 1988, Thompson v. Oklahoma (487 U.S. 815), â€Å"Four Justices held that the execution of offenders aged fifteen and younger at the time of their crimes was unconstitutional.† And in March 2005, Roper v. Simmons, the United States Supreme Court declared the practice of executing defendants whose crimes were committedShow MoreRelatedThe Constitutionality Of The Death Penalty1270 Words   |  6 PagesThe constitutionality of the death penalty has been a heated topic of discussion for decades. The history of the death penalty in the United States is extensive; from a suspension to a reinstating and individual statutes throughout the 50 states. One of the most controversial of the Supreme Court cases involving the death penalty is Roper v. Simmons. In 2005, the Supreme Court ruled that the execution of people who were under 18 at the time of their crimes violates the federal constitutional guaranteeRead MoreConstitutionality of the Death Penalty1485 Words   |  6 Pageswas that Simmons was guilty of first degree murder and was sentenced to death. Later court decisions decided that because he was a minor when he committed the murd er he could not be justly put to death. In the case the final sentence was life in prison with no bail and no parole. (Bessler, 12-16 ) The excerpt above is from the book Cruel and Unusual. It later states in this book that if Simmons had received the death penalty then that would have violated his eighth and fourteenth amendment rightsRead MoreEssay On The Death Penalty1641 Words   |  7 PagesThe death penalty plays a controversial role in modern society. Many arguments against the death penalty are raised to question whether it is biased against race or violates the constitution. Reuben Greenberg, the first black police chief involved in innovative criminology and author of the article â€Å"Race, the Criminal Justice System, and Community-Oriented Policing,† openly shares his opinion on how race does not affect the death penalty. Reuben Greenberg also proves false accusations of the deathRead MoreEssay about The Debate Over Capital Punishment1141 Words   |  5 Page sand learn about the death penalty. The use of this punishment has helped to reduce crime and alter the minds of future criminals to deter them against committing heinous crimes such as murder, treason, espionage, terrorism and in some cases aggravated kidnapping. Advocates say it deters crime while abolitionists say it is unconstitutional. It is historically shown that the use of capital punishment is justified. Capital punishment should be upheld due to its constitutionality, morality, and deterrenceRead MoreShould Capital Punishment Still be Used in the American System1260 Words   |  6 Pagespunishment, also known as the death penalty, â€Å"is the pre-meditated and planned taking of a human life by a government in response to a crime committed by that legally convicted person† (usliberals.about.com). â€Å"Most death penalty cases involve the execution of murderers.† Capital punishment can also be â€Å"applied for treason, espionage, and other crimes† ( ProCon.org Death Penalty ProCon.org). The death penalty is done â€Å"primarily by means of lethal injection† (ProCon.org Death Penalty ProCon.org). ManyRead MoreThe Death Penalty Is A Punishment For A Crime926 Words   |  4 Pagesthe United States that has the death penalty as part of the state’s sentencing options. Basically, the death penalty is a punishment for a crime, typically murder, where the individual is put to death by some approved execution method (e.g. lethal injection). The death penalty is mentioned in North Carolina’s constitution. Specifically, Article XI, section 2 of North Carolina’s constitution states that the General Assembly has the power to implement the death penalty as a punishment for specific crimesRead MoreHistory of THe Capital Punishment Essay714 Words   |  3 PagesThe capital punishment, known as the death penalty has been a widely debated topic in America over its constitutionality after being reinstated in 1976. There are two distinct sides in the debate over whether the death penalty is an unjust punishment. The debate spreads over to whether mentally ill and juvenile s should be tried as adults and receive the death penalty or if their mental capacity restrains the government from issuing the punishment. Not only that, but the methods used to administerRead MoreCapital Punishment : Deontology Vs. Consequentialism1165 Words   |  5 Pagesdeontological 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 could also be applied. In the case of Gregg v Georgia the defending party, TroyRead MoreThe Death Penalty : Costly, Counterproductive, And Corrupting1678 Words   |  7 PagesBright, Stephen B.: The death penalty as the answer to crime: 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 doesRead MoreThe Death Penalty For Juveniles1169 Words   |  5 PagesResearch Paper: Death Penalty for Juveniles Capital punishment for juveniles is one of the most controversial topics to ever be explored in society and in the criminal justice system. The death penalty is a rare occurrence amongst juveniles since it is so arguable as to whether they should be tried as adults. Lynn Cothern from the Juvenile Justice Resource Center suggests that â€Å"the primary purpose of the juvenile justice system is to hold juvenile offenders accountable for delinquent acts while