Introduction Imagine if you will, a boy as young as four years old who develops a fascination with collecting animal bones in a bucket and crushing them because he likes the way they sound as they break. This behavior progresses to the collection of whole dead animal carcasses, then dissecting and processing them chemically, using corrosive acids. As the boy enters adulthood, his fascination with anatomy takes a sinister turn, and he develops an affinity for human anatomy which eventually earns him a place in history as one of the most notorious serial killers, after he is convicted of torturing, murdering, dismembering, cannibalizing, and performing acts of necrophilia on his victims. This person is Jeffrey Dahmer (Silva, Ferrari, & Leong, 2002). Dahmer is an example of a person whose guilt in a truly heinous crime is clearly demonstrated, but because the state of Wisconsin’s abolishment of capital punishment in 1853, the death penalty was not an option. However, many in today’s society might vehemently argue that Dahmer’s crimes are so atrocious, so inexcusable, that no amount of rehabilitation or expression of shame or sorrow could ever justify a prison sentence for such horrific crimes. Dahmer is believed to have murdered and mutilated 15 victims. If the state of Wisconsin did not oppose the death penalty, is there likelihood that Dahmer would have most certainly received a death sentence? This paper seeks to explore different angles of the use of capital punishment and whether or not we, as a society, have the right to decide whether someone should die for their offenses. Early Days of Capital Punishment George Kendall’s 1608 death by firing squad is the first court-ordered execution known to have been recorded (Acker, 2003).
…show more content…
Because prisons were not in existence until the late 1700’s and early 1800’s, societies dealt with repeat offenders and those who posed a threat to public safety and social order by administering various forms of capital punishment. While early colonial laws did not mimic those of the extreme English laws where some 200 crimes qualified for the death penalty, the colonies believed that crimes such as murder, rape, sodomy, adultery, and some property crimes were worthy of death (Acker, 2003). In colonial times, racial discrimination was extremely prevalent. Black slaves were subject to execution for attempted murder and attempted rape, whereas a white person might only be sentenced to three years in prison. The abolition of racial discrimination at sentencing began with the northern states with the country’s preoccupation with the American Civil War, but the southern states would not follow suit for some time. Still, the execution of black defendants was severely disproportionate to their population. According to Banner (2002, p. 230), “The death penalty was a means of racial control.” Cruel & Unusual For centuries, people who committed crimes against society were oftentimes punished with death (Acker, 2003). Murder wasn’t always the committed offense to lead to such sentence, either. An offender may only have committed a property crime or theft, but because colonial society felt crimes like these posed a threat against personal safety and social order, capital punishment was deemed a necessity (Acker, 2003). However, the administration of the death sentence wasn’t always carried out in the most respectful manners. Executions were carried out in public for all to view, and were often preceded by a ceremonial procession to the gallows. Most of the hangings were carried out shortly after the crime was committed, so appeals were rare. As time passed, executions were held less often in the public and more so behind prison walls, primarily due to the viewer’s discomfort in watching the offender die, but also due to emerging technological advances in execution procedures (Acker, 2003). The ratification of the Eighth Amendment into the Bill of Rights in 1791 prohibited the infliction of cruel and unusual punishment (Fleming, 1999). No longer could offenders be tortured or subjected to otherwise barbaric treatments as punishment for their crime. Such unnecessary cruelties included “being disemboweled alive, burned alive, beheaded, or drawn and quartered” (Fleming, 1999, p. 720). However, the Eighth Amendment does not consider the administration of the death penalty for capital crimes to be a violation of a person
Because prisons were not in existence until the late 1700’s and early 1800’s, societies dealt with repeat offenders and those who posed a threat to public safety and social order by administering various forms of capital punishment. While early colonial laws did not mimic those of the extreme English laws where some 200 crimes qualified for the death penalty, the colonies believed that crimes such as murder, rape, sodomy, adultery, and some property crimes were worthy of death (Acker, 2003). In colonial times, racial discrimination was extremely prevalent. Black slaves were subject to execution for attempted murder and attempted rape, whereas a white person might only be sentenced to three years in prison. The abolition of racial discrimination at sentencing began with the northern states with the country’s preoccupation with the American Civil War, but the southern states would not follow suit for some time. Still, the execution of black defendants was severely disproportionate to their population. According to Banner (2002, p. 230), “The death penalty was a means of racial control.” Cruel & Unusual For centuries, people who committed crimes against society were oftentimes punished with death (Acker, 2003). Murder wasn’t always the committed offense to lead to such sentence, either. An offender may only have committed a property crime or theft, but because colonial society felt crimes like these posed a threat against personal safety and social order, capital punishment was deemed a necessity (Acker, 2003). However, the administration of the death sentence wasn’t always carried out in the most respectful manners. Executions were carried out in public for all to view, and were often preceded by a ceremonial procession to the gallows. Most of the hangings were carried out shortly after the crime was committed, so appeals were rare. As time passed, executions were held less often in the public and more so behind prison walls, primarily due to the viewer’s discomfort in watching the offender die, but also due to emerging technological advances in execution procedures (Acker, 2003). The ratification of the Eighth Amendment into the Bill of Rights in 1791 prohibited the infliction of cruel and unusual punishment (Fleming, 1999). No longer could offenders be tortured or subjected to otherwise barbaric treatments as punishment for their crime. Such unnecessary cruelties included “being disemboweled alive, burned alive, beheaded, or drawn and quartered” (Fleming, 1999, p. 720). However, the Eighth Amendment does not consider the administration of the death penalty for capital crimes to be a violation of a person