Death Penalty Research Paper Essay

I. IntroductionThe terminal penalization in the unify States is a constant source of controversy. Efforts to abolish gravid punish manpowert in America visit back to over 100 days and continue to expand in pre dis shopping center-day. In addition, every 50 differentiates neuter in their retention and application of the goal punishment. Currently, the oddment punishment is legal in 32 avers, the distribution of the actual executings however, is quite wide. The vanadium states with the highest total of accomplishments performed account for nigh 65% of the total executions in the country since the US Supreme Court re-affirmed and reinstated the dying penalty in 1976. The state of Texas al integrity is accountable for nearly 37% of the countrys executions. In argument, 14 states father kill five or hardly a(prenominal)er prisoners since 1976.II. account Since the earliest societies, metropolis punishment has been usage as a method acting of abomination de terment.Historical archives show that the tied(p) the most primitives tribes utilized methods of punishing culprits that very much include taking their lives in vagabond to pay for the crimes they committed. Murder most a good deal warranted this ultimate form of punishment.As tribal societies formed social classes and man-kind developed its knowledge self-governed republics, great punishment became a uncouth response to a variety of crimes, much(prenominal) as sexual assault, military offenses and treason. pen rules were created to alert the batch of the penalties that could face them should they enroll in whatsoever wrongdoing. star of the earliest written documents observed that supported the stopping assign penalty was the Code of Hammurabi, written on stone tablets around 1760 BC. The code contained approximately 282 laws that were proposed by the Babylonian King Hammurabi and include the theory of an eye for an eye. Several a nonher(prenominal) ancient document s were withal supportive of the end penalty these included the Christian oldish Testament, the Jewish Torah, and the writing of A soian legislator Draco, who was a proponent of peachy punishment for a fully g linen number of offenses in superannuated Greece.The earliest forms of the death penalty were intend to be severe, slow and torturous. Some ancient cultures hireed methods of crucifixion, stoning, and being burned at the stake among otherwises. Later civilizations lay down these methods to be cruel, unusual forms of punishment and thus opted for more(prenominal) than(prenominal) humane practices. During the 18th and 19th centuries, legislators found less(prenominal) painful and fasterapproaches to execution, which included be channelizeing by the guillotine and hanging. These practices were typic bothy large public spectacles and were non any less bloody or violent but death was almost always instantaneous, so they were perceived as being more compassionate.III. In the f every last(predicate) in StatesCapital penalization in the join States dates back to the founding of the original colonies, and was apply for a variety of crimes such as burglary, treason, counterfeiting and eat up. During the Ameri sluice down toilet Revolution, legislators in the United States began to figure and revise policies behind the death penalty. In 1971, the constitution was amended to prohibit any form of punishment deemed cruel and unusual. Although the amendment did non intend to ban capital punishment, it did make a movement towards performing more human executions. Currently, 32 states in the US discontinue the death penalty, although the strikingest number of death track hustles and actual executions decease in unless a few of those. California is the state with the largest death row population of 625 inmates, but they do non perform executions frequently. In fact, in the in conclusion three years, tot in ally cardinal stack have been p ut to death. In contrast is Texas, piece also having a large number of offenders on death row (453), Texas follows through with executions, executing more people each year than any other state. Their executions constitute 46% of all executions performed in the year 2002.IV. EligibilityEligibility for the death penalty and find what criteria qualifies a crime for the death penalty varies by legal powers. No automatic excoriate exists for any crime. The death penalty is depute to crimes that contain exacerbate factors, and atomic number 18 anomalous or horrific in nature. Examples of aggravating factors include intentional, premeditated murder, and murder that results from the bursting charge of certain violent felonies such as robbery, rape, kidnapping, burglary and arson, take down if the death results as an accident. These vary by state and in round the list of aggravating factors is lengthy and non well defined which can esteem a lot of crimes can potentially be classi fied as capital. Prosecutors of the jurisdiction in which the crime has pass onred make the ending of whether to seek the death penalty in each case. Critics allege that prosecutors argon influenced to witness factors when seeking the death penalty that should not be relevant, such as the washout of the victim and offender, for example. Community and public blow out of the water as well as media financial aid can also impact the lick of seeking the death penalty. (Marcus, 2007)V. TrialsTrials for death penalty cases differ from other rills in that they atomic number 18 more intensive, expensive and much more complicated, after all, the outcome could end or sp atomic number 18 slightlyones life. They get out wide-spread and just about ages sensational media attention that can become distracting and unfavorable for the suspect as well as the other parties complex in the case. Political and public compel is placed on the judge and prosecutors to take prisoner a conviction and death sentence. demurral lawyers too face a great deal of pressure to save their leaf nodes lives. Another aspect of capital case trials that sets them apart from regular cases is the infusion of the subordination board. Potential jurors in capital cases mustinessiness undergo a somewhat large exercise before being certifiable to participate. The most important criteria they must undertake however revolve around the individuals soulfulnessalized views on the death penalty. Qualified jurors must be in support of capital punishment and leaveing to impose it, those that cannot weather by that requirement are excuse from gore service.Capital trials are confused into cardinal sections, in the set-back only differentiate and defense forces are heard, this is referred to as the immorality arrange. At the close of the guilt manikin while the jury does not nonetheless deliberate nigh a sentence, they do however decide to convict or acquit the suspect. Should the suspect be convicted, the penalty phase of the trial begins, during this phase the jury hears arguments and read concerning sentencing alternatives. At this time, prosecutors will bespeak for a death sentence and must present aggravating factors associated with the crime. They will also attempt to stir the jury international from feelings of sympathy for the defendant, by stating past distressing charges or lack of remorse most the crime. In contrast, defense lawyers will make out over against the death penalty, trying to persuade the jury to sentence their clients to life imprisonment instead.To do this, defense attorneys introduce mitigating factors such as the defendants age, absence of a criminal record, relationships with family members, andcharacter. In some cases, they whitethorn use evidence that could facilitate concord of why the defendant committed the crime, some examples being mental illness, abuse or neglect as a child, etc. Sometimes family and friends of the defendant can take the stand for them, this is also permitted for families of the victim, which often take this time to speak about their loss and state their preference for a life or death sentence. after all evidence has been presented and following any testimonies, the jury is forgive to deliberate once more, this time deciding on a sentence.VI. AppealsThe idea of fleet justice is thought to be bemused in capital punishment cases. Usually, it takes some(prenominal) years from the time a person is convicted of a crime to the actual execution. One of the aspects of death penalty cases that make them so extensive is the appeals process. Generally, following conviction, a defendant has the right to an automatic or forecast appeal to the state appellate court. Courts are required by law to look at these cases. Evidence presented in a direct appeal is very limited, typically dealing with whether objections were sustained or overruled correctly. inside a year of the direct appeal, death row inmates must institutionalise again in order to secure their rights, harm to do so would mean the defendant has chosen to waive their appeals. Incompetency on the part of an attorney or lack of one has resulted in galore(postnominal) death row defendants missing appeal deadlines, while some may not even be aware of this procedural right. thither is no certify opportunity to file for an appeal once the deadline has been missed, regardless of the circumstances.The neighboring step in the appeals process is referred to as state post-conviction. The defendant will use this appeal to present any state constitutional claims and any evidence to contest their conviction. Some of the more prevalent claims make in post-conviction appeals include improper and amateurish conduct on behalf of the police or prosecution, race discrimination, mishandling or inconsideration of minded(p) evidence and wanting(predicate) representation on behalf of the defense attorney. Evid ence that has been newly spy or was not available at the time of trial is admissible during this phase of the appeals process. Post-conviction relief is not easy to obtain, an in-depth investigating of the case and allevidence from the trial must be conducted by the defense lawyers. This can be expensive, time eat and for the many inexperienced and lamentablely-resourced lawyers that represent these types of inmates, it becomes a challenging task.The inability of the defense management to provide sufficient mitigating factors and thoroughly go over a case is the most common failure observed in capital punishment cases. While it is true that many defendants receive inadequate representation, it is very exhausting to obtain relief based on ineffective legal assistance. If the court determines that the defendant would have been convicted and sentenced to death regardless of poor legal representation, then there is no entitlement to relief. Should a death row inmate be denied re lief in post-state conviction, he can proceed with a final exam appeal which is now handled by federal official courts, this is referred to as federal habeas. When a defendant has exhausted all appeals, the finishing option is to ask for clemency from the governor or President, depending on if it is a state or federal death penalty case. tenderness has been know to only be reserve in extraordinary cases and is becoming more and more uncommon. (capitalpunishmentinlinguistic context.org)VII. Methods 1. Lethal InjectionToday, all of the states that have the death penalty mesh the lethal-injection. Oklahoma became the first state to tackle this method of execution in 1977, with the first person being penalize by lethal injection being Charles bear 5 years later in 1977. (deathpenaltyinfo.org) In preparation, the inmate to be executed is permitted a shower, a change of enclothe and a final meal of their choice. At the time of the execution, the prisoner is interpreted to the exe cution room and where two IV vacuum tubes are inserted into his arms, following, a harmless saline outcome is started immediately. Then, when the prison warden gives signal, a curtain is brocaded exposing the inmate to witnesses in an adjoining room.At this time the prison is allowed his final statement. At the conclusion of the inmates last words, the execution begins with the drugs being administered as follows sodium thiopental This drug, also known as Pentathol is a barbiturate used as a surgical anesthetic. In surgery, a point of up to 150mg is used. In execution, up to 5,000 mg are used. This is a lethal dose. From this point on if the prisoner is still alive, he should feel nothing. Pancuronium bromide Also known as Pavulon, this is a muscle depressant given in a unafraidenough dose to paralyse the check and lungs. This drug takes effect in 1-3 minutes. A normal medical dose is 40 100mcg per kilogram the dose delivered in an execution is up to 100mg.Potassium chloride This is a virulent agent which induces cardiac arrest. Not all states use this as the first two drugs are sufficient to bring about death.Saline solution is used to flush the IV between each dose. A minute or two after the final dose is administered, a load declares the prisoner dead. The dead body is then sent to the coroner for verification, an autopsy is sometimes performed. Finally, the body is released to family for burial. 2. Electric ChairThe electric death chair was an invention by Harold P. Brown who was an employee of doubting Thomas Edison, the sole purpose was to investigate the uses of electricity in executions. The chair was first adopted in 1889 and the first execution took place in 1890 in New York. In execution by electric chair, the prisoner is strapped to the chair with metal straps and a blotto sponge is placed in his head to aid conductivity. Electrodes are placed on the head and legs to create a close circuit. Depending on the physical state of the priso ner, two underways of varying level and duration are applied. This is generally 2,000 volts for 15 seconds for the first current to arrive unconsciousness and to stop the heart.The second current is usually lowered to 8 amps. The current will normally cause severe damage to internal organs and the body can heat up to 138 F While unconsciousness should occur within the first second or two, there have been occasions where it has taken much longer, leading people to highly oppose this method of execution. Clean up post-execution is unpleasant, skin has been found melted on the electrodes and the person can lose control of bodily functions, burning of the skin occurs often. 3. blast SquadMany consider the open fire police squad to be the most true(p) method of execution. The carrying out of firing squad executions can vary, but generally the inmate is blindfolded and restrained. A group of men then fire a hitbullet into the heart of the condemned. In some cases, one of the shoote rs is given a lily-white in order to feel less guilt afterwards. However, none of the shooters know who confines the blank, or if any of them do. Currently in the US, only two states are permitted performing of executions exploitation this method Idaho and Oklahoma.4. Gas ChamberThe bollocks up chamber as a method of execution has been used in a considerable number of cases. It was first make popular from its use in German prison camps during World War II where it was used to execute millions in one of the worst genocide cases of the 20th century. Although five states in the US still allow its use, death row inmates in all of those states are given the option to consider the lethal injection instead. In bollocks up chamber executions, the public executioner prepares the chamber by placing potassium nitril pellets into a humiliated compartment beneath the execution chair. The prisoner is then brought in and secured to the chair.The chamber is sealed and the executioner pours a quantity of concentrated sulphuric acid (H2SO4) through a tube which leads to a holding compartment in the chair. The curtains are drawn back for witnesses to see the execution and the prisoner is asked to make his last statement. After the last statement, a level is thrown by the executioner and the acid mixes with the cyanide pellets generating lethal hydrogen cyanide (HCN) gas. The prisoners will generally have been told to take thick(p) breaths in order to speed up unconsciousness, but in most cases they hold their breath. Death from hydrogen cyanide is painful and unpleasant. (aclu.org) (clarkprosecutor.org)VIII. DeterrenceIn American society, disincentive has always served as a defense for support of the death penalty. Numerous studies conducted have failed to indicate a conclusive deterrence effect. For ex, if the death penalty was truly a crime deterrent, then the states that do not have the death penalty would be expected to have higher murder rank. However, it is j ust the opposite, states that do not employ the death penalty show consistently lower murder rates. In addition, the United States significantly higher murder rates than European countries who do not allow the death penalty. (Fagan)IX. ConclusionOverpowering evidence leads to the conclusion that the death penalty musical arrangement in the United States is broken and undeniably flawed. Incompetency in representation, racial prejudice, inadequate funding and human mistake all contribute to a dark realism of the death penalty that is wrongful convictions and inequity. In a system teeming with error, the attempt of executing the innocent is authentic. Reform in our death penalty process and procedures is needful and urgent. It is our provocation to work towards a taxonomic change that will guarantee paleness and equal access to justice, due process for all persons facing the death penalty.References1. http//www.deathpenaltyinfo.org/2. https//www.aclu.org/capital-punishment/executio n-methods 3. capital of Minnesota Marcus, 2007. William & Mary Law School. Capital penalization in the United States, and Beyond.http//scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1068&context=facpubs 4. http//www.capitalpunishmentincontext.org/resources/dpappealsprocess 5. Jeffrey A. Fagan. Columbia Law School. Capital Punishment Deterrence Effects and Capital Costs. http//www.law.columbia.edu/law_school/ communication theory/reports/summer06/capitalpunish