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Markeeth Lloyd's Argument Against The Death Penalty

491 Words2 Pages

1) The reason why the death penalty in Florida was determined to be unconstitutional were due to the U.S. Supreme Court believing judges had too much power in deciding whether someone should be sentenced to death, or receive the lesser penalty of life. Legislators decided to require only ten out of twelve jurors to agree imposing a death sentence in regard to capital criminal cases, when the law was changed earlier this year. While Florida legislators believed their system was rational, the state's high court opposed. The U.S. Supreme Court declared in January that judges had too much say in sentencing someone to death, when constitutionally it was the jury alone. From 1972, it was shown that judges disregarded the jury's recommendations in more than 300 occasions in either deciding a lesser penalty of life or the harsher penalty of death, and it would not be fair to the other …show more content…

Ayala chose not to seek the death penalty in the case regarding Markeeth Lloyd, due to her beliefs that the death penalty should not primarily be a deterrent to crime. Historically, it has been shown the death penalty has been imposed on the innocent way too often, exorbitant to taxpayers and lastly, it adversely affecting both families of murder victims and families of the accused. Additionally, it has been apparent that co-victims had improved physical and psychological health and greater satisfaction with the legal system in cases where perpetrators received life sentences, rather than death sentences as well. In knowing Markeeth Lloyd killed two individuals, had a long criminal history and was a threat to society, I believe he had demonstrated to be tried for the death penalty. Although this case was highly publicized and nearly two percent of murderers actually get the death penalty, this does not mean leaving hardened criminals without stringent punishment, and I have to disagree with D.A. Ayala's decision. Justice delivery must be improved but capital punishment must

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This lead to the death penalty being ruled illegal within the United States in 1976 for a while, but the Supreme Court later ruled “that the death penalty was allowed only in the event that the sentencing was delivered at the time of the trial and that the jury who had sentenced the individual to death was determined to review the details of the case.”

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Gideon v. Wainwright( 1963, 9-0 Vote Decision) Facts of the Case/Question Clarence Earl Gideon was charged in Florida state court with a felony because he broke into and entered a poolroom with the intent to commit a misdemeanor offense. When he appeared in court, Gideon requested that the court appoint a lawyer for him because he did not have one. However, according to Florida state law, an attorney may only be appointed to a needy defendant in capital cases, so the court did not appoint one. Gideon represented himself at the trial. He was found guilty and sentenced to five years in prison.

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Many innocent lives are taken due to the death penalty which are often the direct result of bias and discrimination. Needless to say, the death penalty is a poor and definitive response that cannot be undone. Combating this matter requires government intervention, and entails prohibiting the death

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On November 21, 1973, Troy Leon Gregg and his companion robbed and murdered Fred Edward Simmons and Bob Durwood Moore, two innocent people who were giving them rides. Gregg was convicted for his actions and was given the death penalty. He argued that the sentence was violating his eighth amendment which is “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (U.S. Const. amend. VIII.)

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Initially, the Supreme Court made it clear in Spaziano v. Florida, that the constitution does not require the death sentence to be imposed by a jury. 468 U.S. 447, 460 (1984). A few years later, in 1989, this Court decided Hildwin v. Florida. 490 U.S. 638, 640. Hildwin reaffirms what Spaziano held, “Accordingly, the Sixth Amendment does not require that the specific findings authorizing the imposition of the sentence of death be made by the jury.”

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By saying the individual on trial shall not live because they murdered another, this reflects back on the decision makers. It deems those making the decisions hypocrites. The court members are choosing whether one lives or dies, and if they choose the death option they are performing the exact crime the individual could be on trial for. Murder. The court’s final

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The U.S Supreme Court ruled that the way Florida handed down death penalties was unconstitutional, after 2 months of being strike down they updated their law. The major reason why the structure was not working was the fact that the judged were handing down the death penalty while the jurors were used to advise. The new law made it so that receiving the death penalty became a difficult thing to do, soon after Florida changed their laws on the death penalty an Alabama judge throughout the death penalty for the same reason Florida was strike down for. The state of Alabama used the same method when it came down to giving the death penalty, judged would give it out while the jury would just advise. The state of Utah surprisingly removed the death penalty and no longer allows

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In the United States, the death penalty is often used unfairly in situations where it is clear that the defendant is not guilty of the crime or that the defendant is not deserving of the punishment. The appropriate use of the death penalty is very subjective. This is due to the fact that there are very few guidelines, and it is mostly up to the jury and judge to decide whether or not to impose the death penalty when the defendant is guilty of a capital crime. The judge can look at many factors, such as history, the regret of the crime, and the nature of the crime when deciding (U.S. Dept. of Justice). Additionally, in 2009, all five of the women who were on Alabama's death row were condemned for the unexplained deaths of their young children, spouses, or boyfriends.

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Among the first was the case Beck v. Alabama (447 US 625, 1980) in which the issue was whether a conviction –minded jury must be allowed to consider a verdict of guilty of a lesser –included noncapital offense. Under Alabama death penalty statute, the trial judge was prohibited from giving the jury this option. Instead the jury was given the choice of either convicting the defendant of the capital crime, in which case it was required to impose the death penalty, or acquitting the defendant. (In Alabama, if the defendant is convicted, death penalty is imposed, and so the trial judge must hold a hearing to consider the aggravating and mitigating circumstances. After hearing the evidence, the judge may refuse to impose the death penalty and instead, may sentence the defendant to life without

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In conclusion, the death penalty should be brought back in to action, as it is proven to be a useful tool to maintain criminal behaviour within our societies. With the opinions of professionals and the help of the justice system functioning at a level where innocent individuals are not being wrongly convicted, we will be able to maintain deterrence and retribution within our country. It is very important that our legal system steps up to plate making the death penalty back into action to serve justice properly to those individuals who truly deserve

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