Abstract

The paper attempts to enlighten and explore the concept of the death penalty in a holistic context. This is an argumentative paper that will provide the authentic evidences to support the arguments that favor the death penalty and the ones who refute it. The paper proposes and enlightens the diverse scenarios from the history and present time in order to analyze whether death penalty is effective in deterring murder or is it an outdated, cruel and unusual punishment that should be banned.

Table of Contents

Introduction3

Discussion3

Death Penalty Abolishment4

Diverse Procedures of the Death Penalty4

Evidence Supporting the Death Penalty5

Evidence Refuting the Death Penalty6

The Unconstitutional Death Sentences7

Death Penalty: The Current Scenario9

Conclusion10

References11

Death Penalty

Introduction

The death sentences have been utilized throughout history. The death penalty is a fair way to achieve justice; it involves the application of the death penalty against injustice. There are different considerations that play an important role in determining whether or not the first murderer deserves death in accordance with his race, skin color, sex, and political or religious background. Death penalty prisoners are packed with the disadvantaged and the poor and ethnic minorities and blacks and all those who are less able to defend themselves before the courts.

Discussion

Since the 1990s, there has been a growing concern about death penalty as a means of punishment in the United States. In some recent decisions, the Supreme Court has narrowed the use of the death penalty. In the early twenty-first century, the Court reversed prior decisions in two significant cases (Delfino & Day, pp 78 - 86). In Atkins v. Virginia, the Court held that it violates the constitution to execute mentally retarded individuals, and in Roper v. Simmons, it held that it is unconstitutional to execute juveniles who commit their crimes while younger than eighteen years of age (Baird & Rosenbaum, pp 95 - 101). In both of those cases, the Court reasoned that the Eighth Amendment required it to consider "evolving standards of decency" in American society (Soars & Soars, pp 104 - 111).

The Abolishment of Death Penalty

Death was imposed for all suspected murderer as per the Common Law. Later, in the year 1974, Pennsylvania became the first state to abolish capital punishment for most murders after recognizing the guilt of suspected murderers. The state made death penalty compulsory for only those cases in which the killing was willful, deliberate and decided or planned beforehand. Every other state followed Pennsylvania's lead (Delfino & Day, pp 78 - 86).

Illinois was the last state to have abolished death penalty, which it did so in March 2011. Capital punishment is still applicable, even at the federal level for 42 crimes, out of which 38 are related to different scenarios of murder while 4 of them are not related to murder. Some states have laws that provide for capital punishment for crimes such as treason, spying, kidnapping, fraud and drug trafficking (Golston, pp 125 - 129). California provides for the death penalty for sabotage of trains and the false testimony that resulted in an ...