Reasons To Make Capital Punishment Illegal

2018 words - 8 pages


Capital punishment is one of the most debated topics in the nation today. Since colonial times, more than 13,000 people have been legally executed and a large percentage of these executions occurred during the early 1900's. In the 1930's, approximately 150 people were being legally executed each year. However, the number of executions started to decrease, as public outrage became apparent. Currently, over 3,500 people are on death row. The death penalty violates the Eight Amendment because the act is cruel and unusual, and because the punishment discriminates against the poor and the minorities, the punishment also violates the Fourteenth Amendment. Surprisingly, many victims on death row are mentally retarded or disabled. Unfortunately, the death penalty has many supporters, and their main claim to why the death penalty should be constitutional is that the death penalty is a deterrent to crime, but research has proved their claim to be false. The most disturbing factor of all is that a significant number of the inmates are innocent. For many reasons, capital punishment should be illegal throughout the nation.

Capital punishment is not acceptable because it is unconstitutional. Capital punishment has been proven to violate the Eighth Amendment, which is the prohibition against cruel and unusual punishment. It is also a violation of the Fourteenth Amendment, which guarantees equal protection of the laws and due process. The death penalty, which was legal with no objections through the 1900's, became a controversial issue in 1972. In 1972, the Furman vs. Georgia trial caused the Supreme Court to cancel hundreds of scheduled executions and to declare the death penalty unconstitutional. However, in 1976 in Gregg vs. Georgia, the Court reinstated the death penalty. After this decision, several states reenacted the capital punishment laws. However, capital punishment indeed violates the Eighth Amendment, which became a part of the United States Constitution in 1789. Capital punishment is both a cruel and an unusual punishment. No punishment can be crueler than death, especially if it is applied to an innocent person. In Wendy Kaminer‘s book, It's All the Rage, Kaminer describes the death penalty as, “barbarously cruel . . . . shocking, unjust, and unacceptable” (106). The Fourteenth Amendment is also violated in cases of the death penalty. Once again, the Fourteenth Amendment in the United States Constitution promises equal protection of the laws and due process to everyone, but Vilbig says, “Death penalty critics say defendants, many of whom are poor, frequently get a poor legal defense, often by court-appointed lawyers“ (4). This fact indicates that the unfortunate are not being given equal protection under the law. However, the death penalty was found to be discriminatory based on the color of one's skin (Bedau 6). Therefore, the death penalty...

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