Should Capital Punishment be enforced

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Joyce Au

Meredith Morris

Law & Society: Contemporary Debates

16 July 2009

Capital Punishment:

Should capital punishment be enforced?

Capital Punishment is defined by the Oxford English dictionary as the “legally authorized killing of someone as a punishment for a crime”. Today, it has become a globally prevalent and intense topic of debate in the Criminal Justice System with numerous organizations and individuals’ participation. Many deliberations have occurred, including the questionings of whether such acts are humane, and would often incorporate religious, emotional and economical concerns. Currently, the United States is one of the very few countries which continue to practice capital punishment, the main part being the southern states. This essay will be touching on the history of capital punishment, as well as the debate as to whether capital punishment should be enforced.

It has been said that capital punishment in America was heavily influenced by Britain. The first established capital punishment laws dated back as far as the eighteenth century B.C.E., in the Code of King Hammurabi of Babylon, which coded 25 crimes punishable by death. The first known execution in America that was recorded dated back to 1608 when Captain George Kendall in the Jamestown colony of Virginia was executed for being a spy for Spain. In 1612, Virginia Governor Sir Thomas Dale increased the variety of offences made for capital punishment, and minor offences such as stealing of grapes, killing of chickens, and trading with Indians, also lead to the death sentence. Nowadays, the death penalty is almost exclusively used for the crime of murder. On the other hand, capital offenses exist in some state law for other crimes including treason, aggravated kidnapping, drug trafficking, aircraft hijacking, placing a bomb near the bus terminal, espionage and aggravated assault by incarcerated, persisted felons or murderers.

The first country recognized to abolish capital punishment for all crimes except treason was Michigan, in 1846, followed by Rhode Island and Wisconsin abolishing capital punishment for all crimes. Despite the fact that the abolishment of capital punishment is increasing within the United States, there were still several states which held on to capital punishment, especially for offenses committed by the slaves. As the Civil War began, opposition to the capital punishment diminished due to the escalating popularity of anti-slavery movement.

When the war concluded, new methods of execution were introduced, and the first electric chair method was utilized in New York for the execution of William Kemmler. Capital Punishment was officially abolished in 1972 under the case of Furman v. Georgia stating that it violated the eighth and fourteenth amendment citing cruel and unusual punishment.

Capital Punishment is currently being implemented in thirty-two states since its re-legalization in 1977 under the case of Gregg v. Georgia.  There are currently eight known methods of execution; beheading, the electric chair, firing squad, guillotine, hanging, lethal injection, intoxicating one with poisonous gas and lastly, stoning. Methods that are utilized in the United States presently include the electric chair method, the lethal injection method, hanging and intoxicating one with poisonous gas. The firing squad method was also used in the United States in the past, until it was abandoned in 2004 as a voting session took place and the majority preferred the practice of lethal injections.

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Only being utilized in the United States, the electric chair method is defined as an instrument of execution by electrocution, yet its appearance resembles an ordinary chair. Nevertheless, there has been an incessant debate about this method as it the speediness or pain one may experience is unknown. Being the most prevalent method in the world, lethal injection is used in countries such as China, Guatemala, Philippines, Thailand, and the United States itself. This method is conducted by inserting chemicals into the human body while being strapped onto a table. The hanging method is only implemented in states such as ...

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