Capital Punishment
Essay by review • January 25, 2011 • Essay • 1,214 Words (5 Pages) • 828 Views
In 1972 the Supreme Court Case Furman v. Georgia outlawed the death penalty. The Supreme Court declared the death penalty to be cruel and unusual punishment, which is in violation of the Eighth Amendment. The Eighth Amendment states that "excessive bail shall not be required nor excessive fines imposed, not cruel and unusual punishments inflicted". Four years later that decision was overturned by the case of Gregg v. Georgia. This was also an Eighth Amendment case and in-turn legalized the death penalty yet again. There were many reasons why the Supreme Court set this precedent, the main one was that capital punishment is not in violation of the Eighth Amendment when murder or treason is involved. Capital punishment sets an example for others, is a way of self-defense for society, it prevents criminals from repeating their crimes, and when a criminal breaks the law they give up their basic rights which are life, liberty, and the pursuit of happiness. Victims families deserve to know that the person that took their loved one away won't be able to do that to anyone else ever again. There is a wide-spread debate about whether capital punishment is right or wrong and I feel that capital punishment is needed here in The United States.
The Eighth Amendment states that no cruel or unusual punishment will be inflicted. The Supreme Court set the precedent, capital punishment is not in violation of the Eighth when applied fairly, in the Gregg v. Georgia case. There are five methods of execution used in the United States. They include lethal injection, electrocution, gas chamber, hanging, and firing squad. Thirty-four of the states use lethal injection as their form of execution. Two states use electrocution as their sole form of execution while seven states have electrocution as an option. Five states authorize the use of the gas
chamber but use lethal injection primarily. Three states authorize the use of hanging but only if other methods are found unconstitutional. It is the same for the three states that authorize the use of a firing squad. Almost all of the states that have capital punishment use lethal injection as their primary form of execution. Lethal injection works in seconds and there is no pain so it can not be considered a form of cruel and unusual punishment.
The United States needs capital punishment to set an example for other people. It shows society that murder and treason will not be tolerated, and an individual will be held responsible for his/her actions. A person who commits a serious crime will have serious repercussions and if the criminal has to pay his/her debt to society with their life then so be it. The execution of the criminal will show others that the government will not take serious crimes in a light manner. The government will do whatever possible to protect the society as a whole.
The society can use capital punishment as a way of self-defense against criminal activity. When a person commits a heinous crime, the government has the right to defend society by executing the criminal to prevent them from committing more crimes. When a person commits murder or treason there is no need to waste the tax payers money on keeping the convicted person alive, well feed, and having a roof over their head. A homeless person deserves food and shelter not a convicted murderer or someone who has committed treason.
John Locke is a philosopher from the late 1600's and some of the U.S. Constitution's concepts or ideas came from John Locke's philosophy on government. John Locke has argued in favor of capital punishment for several reasons, one of them is self-defense. Locke argues that in order to protect and defend society we need capital
punishment. Being a citizen in this country you have entered a social contract with the government. A social contract is an agreement between the people and the government, the people will agree to establish a government and obey it as long as the government does what it is told to do. When a person commits a crime they break the contract and give up their rights. Once a person surrenders their rights and punishment by way of death is justifiable.
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