Public opinion about the criminal justice system in the US, like many things in our country, has become staunchly polarized, and now more than ever, it seems an uncrossable gulf has grown in its midst. It can be seen in US politics and many other governmental bodies. The US criminal justice system’s practices and failures have also become exceedingly more transparent and therefore vulnerable to intense scrutiny. Despite retractors and the fact it is one of the few developed countries to retain the death penalty, the US continues to punish those accused of the most heinous of crimes with the ultimate punishment. Ten prisoners have been executed so far this year.
Table of Contents
1. The current state of Capital Punishment in the US
2. Literature Review
2.1 Introduction
2.2 Polling
2.3 Overview of the Law in the US
2.4 Recent History of the Death Penalty
2.5 Retribution
2.6 Deterrence
2.7 Wrongful executions
2.8 Racial Disparities
2.9 A Humanistic View
2.10 Conclusion
3. Proposed solution: The Supreme Court should abolish the death penalty
Objectives and Topics
The primary objective of this paper is to argue that the United States Supreme Court should abolish the death penalty nationwide, based on constitutional, ethical, and practical shortcomings. The research examines the inherent flaws within the current criminal justice system, particularly concerning systemic bias and the risk of irreversible error.
- The interpretation of the Eighth Amendment regarding "cruel and unusual punishment."
- Statistical and systemic evidence of racial and socioeconomic disparities in sentencing.
- The lack of conclusive evidence supporting the death penalty as an effective deterrent for crime.
- The high risk of executing innocent individuals and the implications for human rights and justice.
Excerpt from the Book
Wrongful executions
The strength of our criminal justice system depends on its accuracy — its ability to convict the guilty and to clear the innocent. But we know that wrongful convictions happen. Identifying and understanding the causes of wrongful convictions is critical to maintaining the integrity of our justice system(National Institute of Justice, 2021.) According to the 2021 Gallup poll, 78% of Americans agree that there is some risk that an innocent person will be executed(USAFacts, 2021).
Supreme Court Justice Antonin Scalia, in regard to Kansas v. Marsh(2008,) seemed to play down the small number of wrongful executions as somewhat arbitrary.
“Like other human institutions, courts and juries are not perfect. One cannot have a system of criminal punishment without accepting the possibility that someone will be punished mistakenly. That is a truism, not a revelation. But with regard to the punishment of death in the current American system, that possibility has been reduced to an insignificant minimum”(Palmer, pg. 5.)
Others argue that just one innocent person put to death for crimes they did not commit would be one too many. In the years since 1973, 186 innocent individuals convicted and sentenced to death have been exonerated (DPIC. 2021) “The wrongful conviction of factually innocent people is a growing concern within the United States”(NIJ, 2021.) The classification of a wrongful conviction is for mainly two reasons: a person convicted is factually innocent and there are procedural errors which violate the convicted person’s rights(NIJ, 2021.) “Wrongful convictions, which devastate the lives of innocent citizens and allow the guilty to go free, is a growing concern among justice policymakers, practitioners, researchers, and the public”(Smith, Zalman, & Kiger, pg. 23.) The National Institute of Justice lists 7 common occurrences in cases that result in wrongful convictions: eyewitness misidentification, false confessions, junk science, snitch testimony, police, and prosecutorial misconduct, poor defense lawyering, and tunnel vision of the police or court systems involved in the prosecution. From my research, it is not clear if all or any of these issues have clear solutions.
Summary of Chapters
The current state of Capital Punishment in the US: An overview of the polarized public opinion and the recent failures in the administration of the death penalty, highlighting botched executions.
Literature Review: A comprehensive analysis of themes including historical context, polling data, legal precedents, racial disparities, and humanistic perspectives on capital punishment.
Proposed solution: The Supreme Court should abolish the death penalty: A formal argument asserting that the death penalty is unconstitutional, discriminatory, and fails to serve as an effective deterrent, calling for its nationwide abolition.
Keywords
Capital Punishment, Death Penalty, Supreme Court, Eighth Amendment, Abolition, Deterrence, Retribution, Racial Disparities, Wrongful Convictions, Criminal Justice, Human Rights, Constitutional Law, Exoneration, Sentencing, Fairness.
Frequently Asked Questions
What is the core issue addressed in this paper?
The paper examines whether the United States Supreme Court should abolish the death penalty, given its controversial application, lack of deterrent effect, and moral implications.
What are the primary thematic areas covered?
The research focuses on the Eighth Amendment, historical Supreme Court rulings, racial and socioeconomic bias, the risk of executing the innocent, and the philosophical debate between retribution and human rights.
What is the main objective of the author?
The author's objective is to present a compelling case to the Supreme Court for the permanent, nationwide abolition of capital punishment based on the evidence provided.
Which scientific method is utilized in this work?
The author employs a literature review and synthesis of statistical data, legal studies, and polling results to evaluate the efficacy and morality of the current death penalty system.
What topics are discussed in the main body?
The main body covers the history of capital punishment in the U.S., the debate on deterrence, the prevalence of racial bias in sentencing, and the catastrophic risk of wrongful executions.
Which keywords best characterize this research?
Key terms include Capital Punishment, Eighth Amendment, wrongful convictions, racial disparities, deterrence, and judicial review.
How does the author counter the argument of retribution?
The author argues that retribution is an emotional appeal that contradicts practical thinking and that the state should not enable murder as a function of justice.
Why does the author dismiss the utilitarian argument for cost-savings?
The author points out that the appeals process is a necessary safeguard to prevent human error, and bypassing it would only increase the likelihood of executing innocent people.
- Quote paper
- Clinton Rogers (Author), 2021, Should the Supreme Court Abolish the Death Penalty?, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/1175816
