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Capital Punishment

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Capital Punishment

Capital punishment can be traced back to before the days of Jesus. Over the centuries capital punishment has taken on various forms. In ancient Persia prisoners were commonly eaten alive by insects. During the Middle Ages, common execution methods included amputation, impaling, crucifixion, boiling in oil, and burning at the stake. In France, in 1882, Nicolas Pelletier became the first person to die by the guillotine. Today in the United States the most common form of the death penalty is lethal injection. Regardless of the how it is done there has always been the question of is it right? Is it ethical? The debate goes on today, as both sides rally with passion.

Supporters of the death penalty base their beliefs from sections of the Bible, from the Constitution and out of logic. Throughout the Bible there are passages that support the death penalty such as "An eye for an eye". The Bible talks about the penalty of death when dealing with a variety of crimes; including sexual based crimes and murder. The Bible even describes certain crimes that should be punished by being burned alive. In the United States, Bible passages are still used to support capital punishment for murderers. .

Antonin Scalia a Supreme Court Justice from Texas was interviewed about the 1994 Callins vs. Collins death penalty case. She said "The Fifth Amendment provides that Ð''[n]o persons shall be held to answer for a capital . . . crime, unless on a presentment or indictment of a Grand Jury . . . nor be deprived of life . . . without due process of law.' This clearly permits the death penalty to be imposed, and establishes beyond doubt that the death penalty is not one of the Ð''cruel and unusual punishments' prohibited by the Eighth Amendment". One common issue in the Capital Punishment argument is whether or not the death penalty is constitutional; above Scalia cites exactly the phrase that should end that argument. As she continues her argument she fights for lethal injection. Those opposed to the death penalty protest that lethal injection is cruel and unusual. "[Lethal Injection] looks [good] next to some of the other cases currently before us, which Justice Blackmun did not select as the vehicle for his announcement that the death penalty is always unconstitutional, for example, the case of the 11-year-old girl raped by four men and then killed by stuffing her panties down her throat. . . . How enviable a quiet death by lethal injection compared with that!" (Scalia). While out side of capital punishment, lethal injection is not a common way to die, it is not painful nor is it a surprise. Lethal Injection is constitutional.

Besides what can be found in the Bible and the Constitution there are other reasons individuals support the death penalty. Many people feel that killing convicted murderers will satisfy their need for justice and/or vengeance. (Robinson) They feel that the only justice for certain crimes is the execution of the criminal. Other people feel that the death penalty will deter other individuals from killing. Deterance is another popular arguing point for both sides. Research has not been conclusive either way, two different studies, however, show similar results. Kenneth Wolpin's study showed that each execution reduced the number of murders by four in England. Another study by Isaac Ehrlich found that for every execution the number of murders reduced by seven or eight. Public Safety is another issue supporters stress, they believe once the murderer is executed there is no chance that they will harm or kill anyone else.

The group of supporters is strong and large but so is the group that opposes the death penalty. Those who oppose the death penalty base their beliefs in the same things that supporters do; in the Bible, the United States Constitution and out of logic. From the very first books of the Bible to the last there is support for life, not support for capital punishment. "There is no man who is master of the breath of life so as to retain it, and none has mastery of the day of death" (Ecclesiastes 8.8). This passage explicitly says that it is never ok to determine someone else's death. In the Book of Wisdom it says "God did not make death; nor does he rejoice in the destruction of the living" (Wisdom 1.13). Not only does God not approve of the execution of humans but of all living things. In the Book of Sirach it preaches "Do not plot to repeat a sin; not even for one will you go unpunished" (Sirach 7.8). It is promised in the Bible that repetition of a known sin will result in punishment. The United States alone have executed hundreds of individuals and it is possible that we are dealing with the punishments.

Those that oppose the death penalty believe that the Sixth and Eight Amendments are against capital punishment. The Eight Amendment protects individuals from excessive bail, excessive fines and cruel and unusual punishment. Their argument is that execution by the state is unusual; making capital punishment unconstitutional. The Sixth Amendment says "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committedÐ'..." While the United States prides itself on its checks and balance system the judiciary branch may not be in balance. The American Bar Association (ABA) wrote a letter to congress asking it to pass two billsÐ'--the Innocence Protection Act and the National Death Penalty Moratorium ActÐ'--in order to improve to fairness of system. Neither of the bills passed. While there is growing support against the death penalty, the ABA believes "That people are not discovering that the death penalty is morally wrong, but more a practical assessment that innocent lives may be lost, and that there is much that remains arbitrary and unfair about the death penalty" (Dieter).

One of the unfair issues that Richard Dieter argues is that death sentences are more likely to be imposed in murder cases when the victim is white than in those cases with African-American victims. Another unfair issue is that 80 percent of the executions in the United States after 1976 have taken place in the South, with more than half from just three states: Texas, Virgina and Florida (Dieter).

Richard Dieter argues the economic

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