The Pros And Cons Of The Death Penalty

Great Essays
The death penalty is a legal process where an inmate on death row is sent to execution as punishment for the offense committed. It is a controversial issue where it comes into question if it should be legal. Those who agree with the death penalty argue that it deters people from committing crimes or that without it some criminals would continue to commit crimes.

Those who disagree with the death penalty argue that there are innocent people are wrongly executed, some criminals are suffering from mental illness, added cost to the government and taxpayer’s money, and it continues the cycle of violence.

Introduction

Addressing how the death penalty has over the years been a controversial issue not just for the average person, but as well judges. I will be discussing how the death penalty has been used then called illegal and then reinstituted again. My opinion on the death penalty is that it should be considered illegal. It may be coming from an emotional standpoint to the idea that there have been mistakes made and cases later brought to attention people have
…show more content…
The first procedural reform was divided into two trials. In the first trial, there are separate group discussion on regards to the defendant being guilty and the penalty phases of the trial. It is not until after the jury has decided whether their defendant is guilty of capital murder where a decision can be made on whether to sentence to death. The second reform was the practice of automatic appellate review of the convictions as well as the sentence. The third reform was proportionality review. What this review does is let the state pinpoint and remove sentencing discrepancies. Therefore, this gives the state appellate court the opportunity to compare the legal punished and time spent punished in the case being reviewed with other cases within the state in order to see if is too large or too small in

Related Documents

  • Improved Essays

    The court set up a way to help these state create death penalty scheme. The first part was that “the scheme must provide objective criteria to direct and limit the death sentencing discretion. The objectiveness of these criteria must in turn be ensured by appellate review of all death. Second the scheme must allow the sentencer to take into account the character and record of an individual defendant. ”(Wiki)…

    • 1155 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The sentencing phase has factors that are considered before determining someone’s outcome. The media that is reporting the case to the public, has a major influence on the judge’s decision for sentencing. The judge also has an obligation to the legislatures…

    • 786 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Whilst some think that the death penalty is a fair sanction, it is an inequitable penance because many convicts on death row suffered from prejudiced trials, were mentally-ill, or were wrongfully accused. There have been hundreds of unjustified deaths from the death penalty. In conclusion, the death sentence is an unnecessary form of punishment that advocates the obliteration of human life. There is no proof whatsoever that the death penalty serves as a deterrent to…

    • 1178 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    The morality of the death penalty has long been, and still is a controversial topic in the United States. People have been debating for centuries whether or not this form of punishment should exist. Those supporting it have claimed that the death penalty acts as a deterrent of future crimes. On the other hand, those against it have disproved this claim. Studies show that capital punishment should not be used in the United States, since it does not act as a deterrent, certain groups are more likely to be sentenced to death, and it does not offer closure for families.…

    • 1248 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Once they chose which crime they were punishing them with they had a rough estimate of how much prison or jail time a defendant could be facing (Gazal-Ayal p. 132). This has shifted the power of sentencing from the judge to the…

    • 2441 Words
    • 10 Pages
    Great Essays
  • Improved Essays

    The purpose of the two stages is to obtain judgment on a legal issue without looking at all the aspects of the case. If the defendant is found guilty of the crime, in the second stage, the jury meets to discuss the appropriate punishment for the crime and considers whether or not the death penalty will be imposed. These types of trials also enable the jury to consider aggravating and mitigating factors. If the aggravating factors outweigh the mitigating factors, the judge will receive…

    • 353 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    In the United States, the criminal justice system follows two unique diverse models that protect the people. One of these models is the Due Process Model and in this model, the rights of the defendant are equally and fairly treated. Which this process being the main objective of this clause. The second model is the Crime Control Model and in this model strict punishments to the defendant committing the crime be forced but also protecting the individual 's rights as well. Both these models have a different method in which they protect the individuals but have a similar focus.…

    • 1518 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Indeterminate Sentencing

    • 419 Words
    • 2 Pages

    In the early 1970's, a vast number of states transformed their sentencing protocol to new methods that seemed to be more structured as the concerns arose in the criminal justice system (Gregory & Leymon, 2010). Judicial discretion can impact determinate and indeterminate sentences as the power remains among the judge as to the severity of the sentence that will be carried out. " The forms of sentencing sanctions available to judges vary from jurisdiction to jurisdiction, but generally include diversionary programs, fines, probation, intermediate sanctions, confinement in jail, incarceration in a state or federal prison, and the death penalty", (Siegel & Bartollas, 2014, p. 39).…

    • 419 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Many factors have aided in the revolutionizing of our current sentencing structure. Although the process may be painstaking, the results are more than rewarding, if changes are implemented and adhered too. Out of the many factors listed in our textbook, there were a few that needed to be briefly explained in order to fully grasp what our countries judicial system is up against.…

    • 734 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Section two will examine, State Sanctioned Homicide in the United States will examine State Sanctioned Homicide under prong one. It will be broken up into three subsections. Subsection one It will discuss the death penalty as a deterrence and as retribution. Subsection two will examine the constitutionality of the death penalty. Subsection three will discuss the concept of “humane” execution.…

    • 831 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    A death penalty case passes through four chapters. Mr. Dow discusses the “make up” of a death penalty case to show how much time and effort goes into these cases that could be prevented. The first chapter is the murder of a human being, the murderer’s conviction, and sentencing to death row. The second chapter is a legal process known as a “state habeas corpus” appeal. The third chapter includes the process known as the “federal habeas corpus” appeal.…

    • 1373 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Sentencing Instructions

    • 1067 Words
    • 5 Pages

    Such misunderstanding with regard to mitigation seems likely to reduce the probability that jurors would find mitigation, which in turn would increase the likelihood of their voting for death. Additionally, jurors have difficulty in understanding how to “weigh” the importance of aggravating and mitigating factors and what the consequences of this weighing should be. At the conclusion of the penalty phase of a capital trial, the judge thus would read the pattern instructions describing how the jurors are to determine the existence and evaluate the significance of aggravating and mitigating factors. Pattern instructions, however, have typically not been selected or developed for their comprehensibility. Instead they have been chosen because they have survived prior court challenges, indicating that the law has been stated in legally correct terms, or they have been developed with the intent of stating the law in a manner that will survive legal challenge.…

    • 1067 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Sentences determine the length of the defendant’s punishment in prison. This stage of trial follows after the criminal conviction and court’s decision. The Corrections department handles sentencing. In sentencing phase, the public has three important concerns: purposes of punishment, determinate and indeterminate sentencing, and mandatory minimum sentences.…

    • 953 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    This led to reform of capital punishment in the 1700s. In the 1800s most laws that allowed for capital punishment were abandoned, not only in Britain, but across most of Europe and the rest of the civilized world. Today, only a small number of developed countries remain to implement the practice of capital punishment. The ethical dilemmas that are faced when discussing capital punishment are many; What crime merits the punishment of death?…

    • 783 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Through the criminal justice system, when an individual has broken the law and committed a crime and is found guilty of that crime, they are held accountable for their criminal behavior and activities. Usually, through the use of a judicial decision, the offender is sentenced to undergo a certain penalty to insure the preventation of any and all future criminal activity. The shear purpose of sentencing is not only to punish the criminal and insure the deterrence of future criminal activity, but to keep the public safe. In the present day criminal justice system there are five different sentencing options, each with its own advantages and disadvantages. Of them are Retribution, Incapacitation, Deterrence, Rehabilitation, and Restoration. "…

    • 1690 Words
    • 7 Pages
    Great Essays

Related Topics