DEATH PENALTY

The Death Penalty

The Death Penalty

Introduction

The death penalty is a controversial issue in our culture. Many people support or oppose capital punishment. Many writers and researcher worked on this topic to date and gave several justifications in both favor and opposition. There are many things in this humanity which should be ostracized, but the death penalty is not one of them. It is conclusively the right way to advance as far as capital command and esteem is concerned. Right now in our homeland, it finds it offensive that criminals accept as factual that they can get away with just about anything.

Currently, in 38 out of 50 states, the death penalty is enshrined in law. The State of New York has introduced the death penalty in 1995.

Discussion

Legislative Mandate of Death Penalty

In the period of 1976 to 1978 there were judgments of the Supreme Court to re-introduce the death penalty. One of the most important rulings in Gregg v. Georgia was from 1976. With 7 votes to 2, it was decided that the revision of death penalty law is constitutional.

For processes with a possible death penalty, the process is divided into the part of the fault-finding and part of the sentencing. If the defendant is guilty, then decided in a second trial on whether he is sentenced to life imprisonment or death. Thereby mitigating and aggravating circumstances come into play. The new laws also wrote a standard review of death sentences by the highest Court of Appeals of the State before (William 2004, pp. 20).

The United States has had a design of capital punishment in position since colonial times. The first documented lawful execution in the American colonies emerged in 1608 in Virginia, when Captain George Kendall executed for the crime of spying for Spain, since then, the crimes apt for a death judgment have altered. Looking on the 50 states, where 34 retains in the death penalty. The last state to have abolished is Illinois in March 2011. Capital punishment is available even at the federal level for 42 crimes, including 38 relating to different permutations of homicide, while four of them are not related to homicide. Even the Federal Law provides for the military death penalty. Some states have laws that provide for capital punishment for crimes such as treason, espionage, kidnapping, embezzlement and drug trafficking.

From society and legal authorities' view point, death punishment should be used to discourage the crime rate and offenses rate from such serious offenses. Since no one want to lose his life, that is why people favor for the death penalty and the think that is the highest punishment to deter murder. If criminal are ordered for the death penalty, and executed then the other person who may think of crime will be reluctant by the fear of losing his own life. Specific deterrence intends at individual criminals. It is the way to make punishment too harsh so, the criminal in the future will not follow the same crime (Robert 2004, ...