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Prison crowding
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More handpicked essays just for you.
Prison crowding
Prison crowding
◾How do community-based corrections programs affect prisoners
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Recommended: Prison crowding
The Court has to come face to face with the claim that the administration of death, regardless of the offense, is a cruel and unusual punishment, is morally unethical for the government to be conducting, and is a violation of the Constitution. Aside from the fact that death is not only a severe punishment because of the amount of pain and its irreversible finality, the
The US Supreme Court’s decision on the abolition of capital punishment was correct because capital punishment violates the eighth and fourteenth amendments, provides no evidence of deterioration of crime rates, and falls unequally on society. Violates Eighth Amendment:
The moral of the death penalty is that when someone commits a heinous crime, they should be prosecuted in a way that is equal to their crime. Robert Blecker, JD said that "We have the responsibility to punish those who deserve it, but only to the degree they deserve it...." This states that people should get what they deserve. If they go out and commit homicide or murder for fun they should get the same treatment. Losing someone can be tragic, but losing someone because a criminal killed them is even worse.
Does the death penalty violate the 8th Amendment? According to the National Constitution Center, the 8th Amendment states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (“Amendment VIII”). There is no objective answer to this, because the courts never clearly stated that the death penalty is cruel and unusual. I do not agree with any part of the death penalty simply because I believe it is cruel in the sense that it strips man of his “right to life” as declared in the Universal Declaration of Human Rights.
In today’s day and age, a person does not get put to death for just any crime. A recurring argument against the death penalty is that sentencing a defendant to death violates the Eighth Amendment’s prohibition. The Eighth Amendment protects against cruel and unusual punishment. Mental illness is expressly recognized as a mitigating factor in most death penalty statutes. The Supreme Court came to the conclusion in the case of Ford vs. Wainwright that the use of cruel and unusual punishment under the Eighth Amendment to execute a person whose mental state renders understanding of capital punishment is impossible.
The death penalty is currently legal in 31 states in the United States. The fact that capital punishment is not morally required in any case is true. One could argue jail is not moral either and we would have a larger number of criminals who do not fear any type of punishment. Why should mercy be shown to those who commit senseless acts that take another’s life, on of the most sacred things?
The Eight Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel, and unusual punishments inflicted. Previously the Eight Amendment was formed very differently from what we know today. The death penalty has been one of the most discussed topics since it first became a part of society. It is a constant disagreement to prove or challenge whether or not the death penalty is a cruel and unusual punishment which would then now go against the eighth amendment. The death penalty is a suitable sentence, while going through the history, and different methods.
Our judicial system should prioritize incarceration and how lengthy a sentence someone should receive based on the crimes committed. The death penalty may claim to serve justice, but its fatal flaws expose a fundamentally broken and
The fact that the Supreme Court initially rejected the challenge in one case and then later reconsidered it in another case makes the issue complex. Finally, the evidence highlights a significant moment in the history of the United States Supreme Court's stance on the constitutionality of the death penalty. It shows how the Court has evolved in interpreting the Eighth Amendment's cruel and unusual punishments clause and this evolution has led to the abolition of the death penalty in some states and more
However, the death penalty reduces overcrowding, provides closure for victim’s family, and is true justice. Capital punishment can deal with overpopulated prisons in the United States. Prison overcrowding is one of the contributing factors to poor prison conditions. Its consequences can prevent prisons from fulfilling their functions as well (penalreform.org). For example, it can increase sickness among the inmates and prison guards.
A journalist for the Tulsa World wrote after assisting Robyn LeRoy Parks in an Oklahoma execution. “It was terrifying, remarkable, a disrupting intrusion into a moment, so private that reporters, believed for years that interruption is their job, had a dilemma staring each other in the eyes after it was over” (Badau, 2012). On August 10, 1982, Frank J. Coppola was electrocuted in Virginia by two 55-second shocks. The second jolts set his head, legs on fire and loaded the chamber with vapors, (Levingston, 2014). There is one person nationwide that is released from death row for every ten executions.
One solution would be to get rid of the death penalty. Many fellow Americans would be happy if their taxes went at least a little bit down. Another solution would be just to give the criminal life in prison. According to the book The Death Penalty written by JoAnn Bren Guernsesy, it states that "They say that too much money is wasted on trying and executing prisoners and that the state can never be sure it is not mistakenly executing an innocent person". All this money that is being to waste on a innocent person can be used for something that we actually need.
Point number 3 is that the death penalty creates the possibility that innocent people may be put on death row. The death penalty should only be those who are convicted truly. For example, Kevin Green from the Deseret News, interviewed an innocent man, Ray Krone, a man convicted twice and was sentenced to the death penalty for something he did not do. He spent countless of money and his family had to feel the impact on the fact he was on death row for something he did not commit. The crime was a murder of a woman figure in Arizona.
Should death row or death sentencing be legal or illegal? Ever since 1976, 1,389 convicted murderers were sentenced to death. Out of 1,389 convicted to death, there was 15 females. Death row has been around for a very long time, Death row dates back all the way to the very early B.C days. The definition of Death row/Death Sentence is, a sentence condemning a convicted defendant to death.
The fact that the death penalty has been around for so long allows millions of people to be involved one way or another. The ones affected by it the most are the innocent; a total of 69 people have been released from death row in the past 35 years after evidence of their innocence (Innocence and the…). The reason for this is because the criminal justice systems block the potential use of DNA evidence; they refuse to consider it even when it could confirm someone’s innocent or quilt (Hooper). For example, in Francisco Juan Larranga’s case, he was convicted of kidnap, rape, and murder of his sister, he was sitting on death row. There was no specific evidence to prove that it was him and his lawyer mentioned that the DNA test would have proven him innocent because they only based it off of one body that they found; courts were not sure if it was even the sisters body.