death penalty introduction essay

Death Penalty - Essay Samples And Topic Ideas For Free

The death penalty, also known as capital punishment, remains a contentious issue in many societies. Essays on this topic could explore the moral, legal, and social arguments surrounding the practice, including discussions on retribution, deterrence, and justice. They might delve into historical trends in the application of the death penalty, the potential for judicial error, and the disparities in its application across different demographic groups. Discussions might also explore the psychological impact on inmates, the families involved, and the society at large. They could also analyze the global trends toward abolition or retention of the death penalty and the factors influencing these trends. A substantial compilation of free essay instances related to Death Penalty you can find at Papersowl. You can use our samples for inspiration to write your own essay, research paper, or just to explore a new topic for yourself.

Death Penalty and Justice

By now, many of us are familiar with the statement, "an eye for an eye," which came from the bible, so it should be followed as holy writ. Then there was Gandhi, who inspired thousands and said, "an eye for an eye will leave us all blind." This begs the question, which option do we pick to be a good moral agent, in the terms of justice that is. Some states in America practice the death penalty, where some states […]

The Controversy of Death Penalty

The death penalty is a very controversial topic in many states. Although the idea of the death penalty does sound terrifying, would you really want a murderer to be given food and shelter for free? Would you want a murderer to get out of jail and still end up killing another innocent person? Imagine if that murder gets out of jail and kills someone in your family; Wouldn’t you want that murderer to be killed as well? Murderers can kill […]

Stephen Nathanson’s “An Eye for an Eye”

According to Stephen Nathanson's "An Eye for an Eye?", he believes that capital punishment should be immediately abolished and that the principle of punishment, "lex talionis" which correlates to the classic saying "an eye for an eye" is not a valid reason for issuing the death penalty in any country, thus, abolishment of Capital Punishment should follow. Throughout the excerpt from his book, Nathanson argues against this principle believing that one, it forces us to "commit highly immoral actions”raping a […]

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Does the Death Penalty Effectively Deter Crime?

The death penalty in America has been effective since 1608. Throughout the years following the first execution, criminal behaviors have begun to deteriorate. Capital punishment was first formed to deter crime and treason. As a result, it increased the rate of crime, according to researchers. Punishing criminals by death does not effectively deter crime because criminals are not concerned with consequences, apprehension, and judges are not willing to pay the expenses. During the stage of mens rea, thoughts of committing […]

The Death Penalty: Right or Wrong?

The death penalty has been a controversial topic throughout the years and now more than ever, as we argue; Right or Wrong? Moral or Immoral? Constitutional or Unconstitutional? The death penalty also known as capital punishment is a legal process where the state justice sentences an individual to be executed as punishment for a crime committed. The death penalty sentence strongly depends on the severity of the crime, in the US there are 41 crimes that can lead to being […]

About Carlton Franklin

In most other situations, the long-unsolved Westfield Murder would have been a death penalty case. A 57-year-old legal secretary, Lena Triano, was found tied up, raped, beaten, and stabbed in her New Jersey home. A DNA sample from her undergarments connected Carlton Franklin to the scene of the crime. However, fortunately enough for Franklin, he was not convicted until almost four decades after the murder and, in an unusual turn of events, was tried in juvenile court. Franklin was fifteen […]

About the Death Penalty

The death penalty has been a method used as far back as the Eighteenth century B.C. The use of the death penalty was for punishing people for committing relentless crimes. The severity of the punishment were much more inferior in comparison to modern day. These inferior punishments included boiling live bodies, burning at the stake, hanging, and extensive use of the guillotine to decapitate criminals. In the ancient days no laws were established to dictate and regulate the type of […]

The Death Penalty should not be Legal

Imagine you hit your sibling and your mom hits you back to teach that you shouldn't be hitting anyone. Do you really learn not to be violent from that or instead do you learn how it is okay for moms or dads to hit their children in order to teach them something? This is exactly how the death penalty works. The death penalty has been a form of punishment for decades. There are several methods of execution and those are […]

Effectively Solving Society’s Criminality

Has one ever wondered if the person standing or sitting next to them has the potential to be a murderer or a rapist? What do those who are victimized personally or have suffered from a tragic event involving a loved-one or someone near and dear to their heart, expect from the government? Convicted felons of this nature and degree of unlawfulness should be sentenced to death. Psychotic killers and rapists need the ultimate consequences such as the death penalty for […]

Religious Values and Death Penalty

Religious and moral values tell us that killing is wrong. Thou shall not kill. To me, the death penalty is inhumane. Killing people makes us like the murderers that most of us despise. No imperfect system should have the right to decide who lives and who dies. The government is made up of imperfect humans, who make mistakes. The only person that should be able to take life, is god. "An eye for an eye leaves the whole world blind". […]

Abolishment of the Death Penalty

Abstract: The purpose of this paper is to relate many different criminological theories in regard to capital punishment. We relate many criminological theories such as; cognitive theory, deviant place theory, latent trait theory, differential association theory, behavioral theory, attachment theory, lifestyle theory, and biosocial theory. This paper empirically analyzes the idea that capital punishment is inhumane and should be abolished. We analyze this by taking into consideration false convictions, deterrence of crime, attitudes towards capital punishment, mental illness and juvenile […]

Punishment and the Nature of the Crime

When an individual commits a crime then he/she is given punishment depending on the nature of the crime committed. The US's way of giving punishment to an offender has been criticized for many years. There are 2 types of cases; civil and criminal cases. In civil cases, most of the verdict comprises of jail time or fine amount to be paid. These are not as severe except the one related to money laundering and forgery. On the other hand, criminal […]

The Death Penalty and Juveniles

Introduction: In today's society, many juveniles are being sent to trial without having the chance of getting a fair trial as anyone else would. Many citizens would see juveniles as dangerous individuals, but in my opinion how a teenager acts at home starts at home. Punishing a child for something that could have been solved at home is something that should not have to get worse by giving them the death penalty. The death penalty should not be imposed on […]

Is the Death Penalty “Humane”

What’s the first thing that pops up in your mind when you hear the words Capital Punishment? I’m assuming for most people the first thing that pops up is a criminal sitting on a chair, with all limbs tied down, and some type of mechanism connected to their head. Even though this really isn't the way that it is done, I do not blame people for imagining that type of image because that is how movies usually portray capital punishment. […]

Euthanasia and Death Penalty

Euthanasia and death penalty are two controversy topics, that get a lot of attention in today's life. The subject itself has the roots deep in the beginning of the humankind. It is interesting and maybe useful to learn the answer and if there is right or wrong in those actions. The decision if a person should live or die depends on the state laws. There are both opponents and supporters of the subject. However different the opinions are, the state […]

The Death Penalty is not Worth the Cost

The death penalty is a government practice, used as a punishment for capital crimes such as treason, murder, and genocide to name a few. It has been a controversial topic for many years some countries still use it while others don't. In the United States, each state gets to choose whether they consider it to be legal or not. Which is why in this country 30 states allow it while 20 states have gotten rid of it. It is controversial […]

Ineffectiveness of Death Penalty

Death penalty as a means of punishing crime and discouraging wrong behaviour has suffered opposition from various fronts. Religious leaders argue that it is morally wrong to take someone's life while liberal thinkers claim that there are better ways to punish wrong behaviour other than the death penalty. This debate rages on while statistically, Texas executes more individuals than any other state in the United States of America. America itself also has the highest number of death penalty related deaths […]

Is the Death Penalty Morally Right?

There have been several disputes on whether the death penalty is morally right. Considering the ethical issues with this punishment can help distinguish if it should be denied or accepted. For example, it can be argued that a criminal of extreme offenses should be granted the same level of penance as their crime. During the duration of their sentencing they could repent on their actions and desire another opportunity of freedom. The death penalty should be outlawed because of too […]

Why the Death Penalty is Unjust

Capital punishment being either a justifiable law, or a horrendous, unjust act can be determined based on the perspective of different worldviews. In a traditional Christian perspective, the word of God given to the world in The Holy Bible should only be abided by. The Holy Bible states that no man (or woman) should shed the blood of another man (or woman). Christians are taught to teach a greater amount of sacrifice for the sake of the Lord. Social justice […]

The Death Penalty and People’s Opinions

The death penalty is a highly debated topic that often divided opinion amongst people all around the world. Firstly, let's take a look at our capital punishments, with certain crimes, come different serving times. Most crimes include treason, espionage, murder, large-scale drug trafficking, and murder towards a juror, witness, or a court officer in some cases. These are a few examples compared to the forty-one federal capital offenses to date. When it comes to the death penalty, there are certain […]

The Debate of the Death Penalty

Capital punishment is a moral issue that is often scrutinized due to the taking of someone’s life. This is in large part because of the views many have toward the rule of law or an acceptance to the status quo. In order to get a true scope of the death penalty, it is best to address potential biases from a particular ethical viewpoint. By looking at it from several theories of punishment, selecting the most viable theory makes it a […]

The History of the Death Penalty

The History of the death penalty goes as far back as ancient China and Babylon. However, the first recorded death sentence took place in 16th Century BC Egypt, where executions were carried out with an ax. Since the very beginning, people were treated according to their social status; those wealthy were rarely facing brutal executions; on the contrary, most of the population was facing cruel executions. For instance, in the 5th Century BC, the Roman Law of the Twelve Tablets […]

Death Penalty is Immoral

Let's say your child grabs a plate purposely. You see them grab the plate, smash it on the ground and look you straight in the eyes. Are they deserving of a punishment? Now what if I say your child is three years old. A three year old typically doesn't know they have done something wrong. But since your child broke that one plate, your kid is being put on death row. You may be thinking, that is too harsh of […]

The Death Penalty in the United States

The United States is the "land of the free, home of the brave" and the death penalty (American National Anthem). Globally, America stands number five in carrying executions (Lockie). Since its resurrection in 1976, the year in which the Supreme Court reestablished the constitutionality of the death penalty, more than 1,264 people have been executed, predominantly by the medium of lethal injection (The Guardian). Almost all death penalty cases entangle the execution of assassins; although, they may also be applied […]

Cost of the Death Penalty

The death penalty costs more than life in prison. According to Fox News correspondent Dan Springer, the State of California spent 4 billion dollars to execute 13 individuals, in addition to the net spend of an estimated $64,000 per prisoner every year. Springer (2011) documents how the death penalty convictions declined due to economic reasons. The state spends up to 3 times more when seeking a death penalty than when pursuing a life in prison without the possibility of parole. […]

The Solution to the Death Penalty

There has never been a time when the United States of America was free from criminals indulging in killing, stealing, exploiting people, and even selling illegal items. Naturally, America refuses to tolerate the crimes committed by those who view themselves as above the law. Once these convicts are apprehended, they are brought to justice. In the past, these criminals often faced an ultimate punishment: the death penalty. Mercy was a foreign concept due to their underdeveloped understanding of the value […]

Costs: Death Penalty Versus Prison Costs

The Conservatives Concerned Organization challenges the notion that the death penalty is more cost effective compared to prison housing and feeding costs. The organization argues that the death penalty is an expensive lengthy and complicated process concluding that it is not only a bloated program that delays justice and bogs down the enforcement of the law, it is also an inefficient justice process that diverts financial resources from law enforcement programs that could protect individuals and save lives. According to […]

Death Penalty as a Source of Constant Controversy

The death penalty has been a source of almost constant controversy for hundreds of years, splitting the population down the middle with people supporting the death penalty and people that think it is unnecessary. The amount of people that are been against the death penalty has grown in recent years, causing the amount of executions to dwindle down to where there is less than one hundred every year. This number will continue to lessen as more and more people decide […]

Death Penalty is Politically Just?

Being wrongfully accused is unimaginable, but think if you were wrongfully accused and the ultimate punishment was death. Death penalty is one of the most controversial issues in today's society, but what is politically just? When a crime is committed most assume that the only acceptable consequence is to be put to death rather than thinking of another form of punishment. Religiously the death penalty is unfair because the, "USCCB concludes prisoners can change and find redemption through ministry outreach, […]

George Walker Bush and Death Penalty

George Walker Bush, a former U.S. president, and governor of Texas, once spoke, "I don't think you should support the death penalty to seek revenge. I don't think that's right. I think the reason to support the death penalty is because it saves other people's lives." The death penalty, or capital punishment, refers to the execution of a criminal convicted of a capital offense. With many criminals awaiting execution on death row, the death penalty has been a debated topic […]

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How To Write an Essay About Death Penalty

Understanding the topic.

When writing an essay about the death penalty, the first step is to understand the depth and complexities of the topic. The death penalty, also known as capital punishment, is a legal process where a person is put to death by the state as a punishment for a crime. This topic is highly controversial and evokes strong emotions on both sides of the debate. It's crucial to approach this subject with sensitivity and a balanced perspective, acknowledging the moral, legal, and ethical considerations involved. Research is key in this initial phase, as it's important to gather facts, statistics, and viewpoints from various sources to have a well-rounded understanding of the topic. This foundation will set the tone for your essay, guiding your argument and supporting your thesis.

Structuring the Argument

The next step is structuring your argument. In an essay about the death penalty, it's vital to present a clear thesis statement that outlines your stance on the issue. Are you for or against it? What are the reasons behind your position? The body of your essay should then systematically support your thesis through well-structured arguments. Each paragraph should focus on a specific aspect of the death penalty, such as its ethical implications, its effectiveness as a deterrent to crime, or the risk of wrongful convictions. Ensure that each point is backed up by evidence and examples, and remember to address counterarguments. This not only shows that you have considered multiple viewpoints but also strengthens your position by demonstrating why these opposing arguments may be less valid.

Exploring Ethical and Moral Dimensions

An essential aspect of writing an essay on the death penalty is exploring its ethical and moral dimensions. This involves delving into philosophical debates about the value of human life, justice, and retribution. It's important to discuss the moral justifications that are often used to defend the death penalty, such as the idea of 'an eye for an eye,' and to critically evaluate these arguments. Equally important is exploring the ethical arguments against the death penalty, including the potential for innocent people to be executed and the question of whether the state should have the power to take a life. This section of the essay should challenge readers to think deeply about their values and the principles of a just society.

Concluding Thoughts

In conclusion, revisit your thesis and summarize the key points made in your essay. This is your final opportunity to reinforce your argument and leave a lasting impression on your readers. Discuss the broader implications of the death penalty in society and consider potential future developments in this area. You might also want to offer recommendations or pose questions that encourage further reflection on the topic. Remember, a strong conclusion doesn't just restate what has been said; it provides closure and offers new insights, prompting readers to continue thinking about the subject long after they have finished reading your essay.

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Death Penalty Essay Introduction — a Quick Guide

Table of Contents

The death penalty is a state-sanctioned practice where an individual is executed for an offense punishable through such means. Death penalty essay is a common topic given to students where the essay writer argues this controversial issue and takes a stand. The death penalty essay intro consists of the opening sentence, the background information, and the thesis statement.

Writing a compelling introduction isn’t easy. But with the tips and examples in this guide, you’ll be able to write a captivating introduction.

What Is a Death Penalty Essay?

The death penalty is the practice of executing a person guilty of capital murder, a crime in which the loss of life is intentional. This method of punishment has been around for as long as human civilization.

The death penalty has been controversial for a long time, with people on both sides of the fence. Supporters claim it works to deter crime, but there is no evidence to prove it. Opposers claim it is cruel and is not the best way to serve justice. 

A death penalty essay argues for or against the death penalty. This essay topic is a typical assignment given to college students. Common death penalty essay topics are as follows:

• About the Death Penalty
• Does the Death Penalty effectively deter crime?
• The Death Penalty should not be legal
• The Death Penalty should be abolished.
• Death Penalty and Justice
• Pro-Death Penalty
• Is the Death Penalty Morally Right?
• Death Penalty is Immoral
• Religious Values and Death Penalty
• Ineffectiveness of Death Penalty
• Punishment and the Nature of the Crime
• The Death Penalty and Juveniles.
• Is the Death Penalty Effective?
• The Death Penalty is Politically Just
• The Death Penalty: Right or Wrong?
• Abolishment of the Death Penalty
• The Death Penalty and People’s Opinions
• Is Death Penalty Humane?

How to Write an Interesting Death Penalty Essay Intro

Like other essays, the death penalty essay intro comprises three parts. The hook, a strong opening sentence, grips the reader, sparks their curiosity, and compels them to read the rest of the piece.

Subsequent sentences provide background information on the topic and define the argument’s terms. The last part is the thesis statement, which summarizes the central focus of the essay.

1. the Opening Sentence/Hook

The hook is a statement that grips the reader’s attention and makes them want to read on . The hook should be an exciting statement that sparks the readers’ curiosity, and sets the tone for the essay. It should give an overview of the topic. You could begin with a thought-provoking question, an interesting quote, an exciting anecdote, or a shocking statistic or fact. 

2. Background Information

Provide more information about the subject you are discussing. Create context and give background information on the topic. It could be a social or historical context. Define key terms that the reader might find confusing and clearly but concisely state why the issue is important.

3. Thesis Statement

The thesis statement is the overarching idea – the central focus of the essay. It summarizes the idea that you’ll be explaining throughout the entirety of the piece. Once this statement has been established, you’ll smoothly transition into the main body of your essay. Make the thesis clear and concise. 

Death Penalty Essay Introduction Example

Does the death penalty deter crime, especially murder? The death penalty has been controversial for years. Over the years, public opinion about the death penalty seems to have changed. But there are still people who think it is a proper punishment. I have heard the phrase “An eye for an eye” most of my life. Most people firmly believe that if a criminal took someone’s life, their lives should be taken away too. But I don’t think that will discourage anyone from committing crimes. I believe that the criminal should be given a lighter punishment. 

The death penalty or capital punishment is the execution of a criminal by a government as punishment for a crime. In the United States, the death penalty is the most common form of sentence in murder cases.

A death penalty essay argues for or against the death penalty. The essay introduction begins with an attention-grabber , followed by background information on the topic and then the thesis statement.

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5 Death Penalty Essays Everyone Should Know

Capital punishment is an ancient practice. It’s one that human rights defenders strongly oppose and consider as inhumane and cruel. In 2019, Amnesty International reported the lowest number of executions in about a decade. Most executions occurred in China, Iran, Saudi Arabia, Iraq, and Egypt . The United States is the only developed western country still using capital punishment. What does this say about the US? Here are five essays about the death penalty everyone should read:

“When We Kill”

By: Nicholas Kristof | From: The New York Times 2019

In this excellent essay, Pulitizer-winner Nicholas Kristof explains how he first became interested in the death penalty. He failed to write about a man on death row in Texas. The man, Cameron Todd Willingham, was executed in 2004. Later evidence showed that the crime he supposedly committed – lighting his house on fire and killing his three kids – was more likely an accident. In “When We Kill,” Kristof puts preconceived notions about the death penalty under the microscope. These include opinions such as only guilty people are executed, that those guilty people “deserve” to die, and the death penalty deters crime and saves money. Based on his investigations, Kristof concludes that they are all wrong.

Nicholas Kristof has been a Times columnist since 2001. He’s the winner of two Pulitizer Prices for his coverage of China and the Darfur genocide.

“An Inhumane Way of Death”

By: Willie Jasper Darden, Jr.

Willie Jasper Darden, Jr. was on death row for 14 years. In his essay, he opens with the line, “Ironically, there is probably more hope on death row than would be found in most other places.” He states that everyone is capable of murder, questioning if people who support capital punishment are just as guilty as the people they execute. Darden goes on to say that if every murderer was executed, there would be 20,000 killed per day. Instead, a person is put on death row for something like flawed wording in an appeal. Darden feels like he was picked at random, like someone who gets a terminal illness. This essay is important to read as it gives readers a deeper, more personal insight into death row.

Willie Jasper Darden, Jr. was sentenced to death in 1974 for murder. During his time on death row, he advocated for his innocence and pointed out problems with his trial, such as the jury pool that excluded black people. Despite worldwide support for Darden from public figures like the Pope, Darden was executed in 1988.

“We Need To Talk About An Injustice”

By: Bryan Stevenson | From: TED 2012

This piece is a transcript of Bryan Stevenson’s 2012 TED talk, but we feel it’s important to include because of Stevenson’s contributions to criminal justice. In the talk, Stevenson discusses the death penalty at several points. He points out that for years, we’ve been taught to ask the question, “Do people deserve to die for their crimes?” Stevenson brings up another question we should ask: “Do we deserve to kill?” He also describes the American death penalty system as defined by “error.” Somehow, society has been able to disconnect itself from this problem even as minorities are disproportionately executed in a country with a history of slavery.

Bryan Stevenson is a lawyer, founder of the Equal Justice Initiative, and author. He’s argued in courts, including the Supreme Court, on behalf of the poor, minorities, and children. A film based on his book Just Mercy was released in 2019 starring Michael B. Jordan and Jamie Foxx.

“I Know What It’s Like To Carry Out Executions”

By: S. Frank Thompson | From: The Atlantic 2019

In the death penalty debate, we often hear from the family of the victims and sometimes from those on death row. What about those responsible for facilitating an execution? In this opinion piece, a former superintendent from the Oregon State Penitentiary outlines his background. He carried out the only two executions in Oregon in the past 55 years, describing it as having a “profound and traumatic effect” on him. In his decades working as a correctional officer, he concluded that the death penalty is not working . The United States should not enact federal capital punishment.

Frank Thompson served as the superintendent of OSP from 1994-1998. Before that, he served in the military and law enforcement. When he first started at OSP, he supported the death penalty. He changed his mind when he observed the protocols firsthand and then had to conduct an execution.

“There Is No Such Thing As Closure on Death Row”

By: Paul Brown | From: The Marshall Project 2019

This essay is from Paul Brown, a death row inmate in Raleigh, North Carolina. He recalls the moment of his sentencing in a cold courtroom in August. The prosecutor used the term “closure” when justifying a death sentence. Who is this closure for? Brown theorizes that the prosecutors are getting closure as they end another case, but even then, the cases are just a way to further their careers. Is it for victims’ families? Brown is doubtful, as the death sentence is pursued even when the families don’t support it. There is no closure for Brown or his family as they wait for his execution. Vivid and deeply-personal, this essay is a must-read for anyone who wonders what it’s like inside the mind of a death row inmate.

Paul Brown has been on death row since 2000 for a double murder. He is a contributing writer to Prison Writers and shares essays on topics such as his childhood, his life as a prisoner, and more.

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Examining the Death Penalty: An Argumentative Perspective

Table of contents, death penalty arguments: deterrence and prevention, ethical considerations: the value of human life, implementation complexities: ensuring fairness, conclusion: weighing the arguments.

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Home — Essay Samples — Philosophy — Ethics — Should the Death Penalty Be Legal?

Should The Death Penalty Be Legal?

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Published: Jun 6, 2024

Words: 649 | Page: 1 | 4 min read

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Introduction, arguments for the death penalty, arguments against the death penalty, practical considerations and alternatives.

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The Death Penalty in the US Criminal Justice System Essay

Introduction.

The death penalty has been a largely debated form of punishment in the U.S. since its inception. The law supporting this unkind and unfair sentence was thus, put under scrutiny and consequently several death sentences were either overturned or could only be carried out on proportionate grounds by the supreme courts heralding a new era in the criminal justice system of the US.

The legal arguments for this decision made by the higher courts were cited in line with the 8 th amendment that called for the exclusive considerations on several factors that mainly touched on racial disparities, age of a convict, proper evidence that can incriminate the accused persons, respective human rights action plans against such people, satisfactory judgment delivered either by unanimous decision or a majority of votes by the judges and so on (Burns 1).

The Supreme Court made a decision based on the 8 th amendment to relook into criminal cases viewed as cruel or unusual, and instead provided an alternative favorable form of punishment. Most death sentences were slashed down to life imprisonment, leaving only deserved cases as death sentences.

For instance, some states were forced to repackage their judicial laws after realizing that the judgment commonly delivered never materialized particularly when the cases involved were referred back to the supreme courts, which in turn, after careful hearing, overturned the rulings in favor of the accused. This occurred in cases that were considered to lack the 8 th amendment thresholds for the death penalty.

These circumstances made several states to re-enact laws governing the death penalty, which was a major concern to the supreme courts’ contradiction to the imposition of death sentence arbitrarily. The application of such fair trials justifying the subsequent sentences handed down by the supreme courts began from the year 1972.

This was after the capital punishment was found to be unconstitutionally biased and cruel. An exception to this is in cases where sentences were delivered after considering the extra routine endorsement. The cases and the respective judgment on the death penalty jurisprudence handed by the supreme courts entirely depended on the moral significance culpable by the law and factors of discretion (Head 1).

The Supreme Court in accordance with the laws governing the 8th amendment decided that death penalty for a minor is a harsh kind of penalty. This is supported by the fact that in a 5-4 court ruling, it was labeled unconstitutional when any convict at the time of committing the crime is below the age of 18.

Thus, it is morally incorrect to implicate children who commit crime in relation to adults who has acted in the same way since their respective intentions cannot apply together. Example of such ruling involving a minor was a criminal case for Christopher Simmons who was sentenced to death but later overruled; Case, Roper v Simmons.

Another example of such case in which the age of a convict was contested involved a 15 year old at the time of committing the crime. William Thompson was sentenced to death after being convicted of murder. Due to this, the Supreme Court overturned the decision of an Oklahoma court by explaining that the execution of the minor violated the eighth amendment statute. The case here is, Thompson v. Oklahoma.

Racial disparities

Another main issue surrounding the death penalty is the racial inequality that has been historically characteristic with handing of the penalty in the U.S. For instance, consider a case involving an African American who was convicted of two counts of robbery plus one count of murder. After convictions in county courts and subsequently condemned to death, his plea was heard whereby the Supreme Court ruling overturned the death penalty imposed.

The final ruling stated that the majority should not dictate matters of humanity since it is unconstitutional. For example, it was viewed that those accused of killing white people could easily be handed the death sentence compared to murderers for black persons. After much consideration and scrutiny of the penalty, the courts offered a platform for the voiceless like the accused person in question.i.e case, McCleskey v kemp.

Mental state of the convict

Mental instability in most people is believed to have unnatural rage subconscious to a person’s mind. It is for this reason that informed the Supreme Court to offer a reprieve on death penalty for mentally retarded persons who commit a criminal offence.

As a result of this, the death sentence was found to be unconstitutionally excessive thereby restricting the state’s power to deliver death penalty as a form of punishment on similar cases under the same state of mind. For instance, Daryl Atkins was convicted of murder even though his IQ score was 59 hence; the Supreme Court reversed the earlier ruling which did not evaluate his condition as that of mild mental condition; Case, Atkins v. Virginia (Jacobs 1).

Proper evidence of aggravating circumstances

Proper reasons were to be evaluated so as to be used against a convict. For instance, in order to incriminate a person, the Supreme Court made a decision to provide a clear distinction on where imposition of death can be allowed. It was unanimously passed that there could be circumstances when the evidence produced could exempt on the death penalty for non-murder offenses like rape except for crimes comparable to treason.

This was seen during the trial for Antonym Coker who escaped from custody but got re-arrested and condemned to death penalty for rape. The Supreme Court in turn overturned the first sentence arguing that it was too harsh on the ground that most rape cases may not involve murder.

Another similar case in which a sentence by the lower court was annulled by that of the Supreme Court took place in Lousiana.The criminal case involved Patrick Kennedy accused of raping his 8 year old step daughter. The Supreme Court then scrutinized his case after a successful appeal against a capital punishment handed earlier.

The argument of the higher court then concluded that imposing the death penalty against the convict was against the 8 th amendment and therefore unconstitutional because the crime neither resulted nor was intended to terminate the innocent life of his victim (Radelet & Akers 1). Therefore, the ruling decided that the accused should instead be sent to life imprisonment; Case, Kennedy v. Louisiana.

Method of delivering the death sentence

In cases where the method used to administer the death penalty is considered cruel and painful, the Supreme Court could then deliberate on a particular ruling by a junior state court. This was observed during the sentencing of Ralph Baze who was convicted for murder and sure enough condemned to death by a Kentucky state court by lethal injection and instead appealed against the ruling, only for the sentence to be re-affirmed by the Supreme Court since the method for its application was considered safe after all.

The same scenario was also witnessed during the trial of Jimmy L. Glass who was sentenced to death according to the legal argument of Louisiana court by electrocution. Through his lawyers, he argued that the application and the intensity when passing the death sentence through electrocution can cause serious injuries and pain and therefore do not meet the humane standards as required by the constitution (White 1). The final judgment by the Supreme Court thus dismissed the petition thereby allowing the lower court’s ruling to go ahead; Case, Jimmy L. Glass v.Lousiana.

Improper judgment

Pending cases provided relevant provisions to re-appeal the death sentence if the trial is perceived to be as a result of discretion of a judge determining the outcome of a case almost single handedly. Take for example, the trial of Timothy Ring, a convict of first degree murder and sentenced to life imprisonment only for a state judge to step-up the penalty to another sentence by death.

Consequently though, the Supreme Court reversed the decision citing that statutory maximum sentence should be put before a jury panel since the judge was found to have acted improperly without a sitting legal bench who could have delivered a unanimous decision; Case, Ring v. Arizona.

Special procedure for capital penalty

It was realized that rulings could impose the death penalty by ignoring the nature or circumstance preceding a crime. Therefore, it was required that a jury must be able to cite a possible statutory aggravating legal requirement before delivering any formal penalty by death.

Such a case where the judgment was allowed to stand as it was involved Troy Leon who was convicted for robbery and murder for which he was handed over death sentence (Head 1). On challenging his trial, the Supreme Court rejected his plea and instead maintained the earlier verdict by dismissing the robbery factor since the statutory system was not found to violate the constitutional statutes; Case, Gregg v. Georgia.

The legislative judgments of some states

Several courts in some states decided to respond to the modification of the death penalty especially for murder committed in relation to a felony. Such states that rejected the death penalty arising from committing a felony therefore illegalized the practice hence the Supreme Court found it as an appropriate way by providing more options for fair trial.

This was arrived at after establishing the fact that, the death penalty usually imposed may be too harsh for a convict who did not participate in a murder or intended to carry out such heinous act. A case of study featured Enmund in which the death penalty was outlawed when determining the ultimate ruling by the supreme judges since they decided that it could not be imposed under circumstances of felony; Case, Enmund v. Florida.

Contrary to the above case where a reprieve was provided by the Supreme Court, in Tison’s case, several state supreme courts amended their interpretation of the death penalty during such a case involving a felony by allowing capital punishment to take precedence in such future cases (White 1). This particular case was determined by analyzing noticeable circumstances of felony during the murder. The death penalty verdict was thus delivered since inquiries revealed passion and recklessness; Case, Tison v. Arizona.

From the above discussion, it is apparent that the suitability of imposing a death is questionable. From a number of precedents set on the death penalty, it is apparent that giving a life imprisonment instead of a death penalty will be more humane than a death penalty in permissible situations. All in all, a death penalty should be avoided as much as possible.

Works Cited

Burns, Kari. “ Punishment: Death penalty ”. 2011. Web.

Head, Tom. “ The Eighth Amendment ”. 2011. Web.

Jacobs, Nancy. “Death Penalty Essay”. 2011. Web.

Radelet, M & Akers, R. “ Deterrence and the Death Penalty? The Views of the Experts ,” (1995) White, Debora.

“ Pros and cons of the death penalty ”. 2011. Web.

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