Death Penalty: Weems Vs The United States

Dom Crafa

Mrs. Spellman-Frey

Criminal Justice

13 April 2016

The Death Penalty Capital punishment, also known as the death penalty, has been part of society since the Fourteenth Century. Capital punishment is defined as “The use of the death penalty to punish wrongdoers for certain crimes.” (Gaines 289) There have been many debates that have arisen whether or not it should be enforceable under the United States Law. The morality and legality are two areas that are heavily questioned when enforcing capital punishment. There are various ways in which capital punishment is executed. There are punishments that were used in early times that are very rarely seen in today’s society which includes firing squad, hanging, or electric chair however

It wasn’t until the case of Weems v. United States that determined and further explained what “cruel and unusual” entailed. “Cruel and unusual punishment is defined by the changing norms and standards of society, and therefore is not based on historical interpretations. Courts may decide whether a punishment is unnecessarily cruel with regard to physical pain. Courts may decide whether a punishment is unnecessarily cruel with regard to psychological pain.” (Gains 291) Through this case, three specific criteria were determined in what crimes are punishable and deserve the death

If a criminal is found guilty of first0degree murder and is sentenced to death these special circumstances could be their defense. The death penalty has been revised throughout the years in because of the revisions it has to defending the insane, mentally ill, or juveniles. The Constitution prevents “those who are unaware of the punishment they are about to suffer and why they are to suffer it.” (Gains 293) This helps prevent wrongful punishments because those who are unaware of their actions should not be punished for them. Defending the mentally ill entails those who are legally retarded. The case of Arizona v. Virginia settled that if a criminal’s IQ is below 70, they are deemed legally retarded and do not know their actions. Furthermore, juveniles have a defense against the death penalty because they are not as mature as adults. A juvenile is considered someone who is under the age of 18 and they are not classified as the worst offenders. According to scientific and sociological research, “a lack of maturity and an underdeveloped sense of responsibility are found in youth more often than in adults and are more understandable among the young. These qualities often result in impetuous and ill-considered actions and decisions.” (Gains 294) Sentencing someone who is under 18 should not be just because he/she may not know the