Death Penalty

...out due process of law;...”(Monk 214). Using the death penalty as a sentence for murderers protects citizens life and liberty to a safer country to live in. If the death penalty was not used, potentially a criminal sentenced to life in prison could be granted parol through a later trial, or even worse they could escape. This would than be risking other peoples lives and safety. The fear of punishment protects society which in its self creates order in society (Williams 93). Between 1965 and 1982 there were minimal executions in the United States , while the homicide rate increased (Williams 93). Than from 1983 to 1996 the execution rate increased and the homicide rate decreased (Williams 93). This mirror image of the homicide rate and execution rate shows that capital punishment is a deterrence of crime. Therefore the death penalty deters crime, which protects Americans and according to the fourteenth amendment which ensures the right to life, liberty, and property it is a constitutional rights to Americans to use the death penalty The fourteenth amendment says “...No state shall make or enforce any law which abridge the privileges or immunities of citizens of the United States;...”(Monk 214). Thus taking away a law or construing an existing law regarding the death penalty would be depriving Americans of their rights. Today there are 400, 000 more violent offenders behind bars in the United States than in 1980(When The State Kills). The twentieth century is a violent place to live in and a harsh form of punishment needs to be in affect in the United States to make criminals think twice. Lethal injection is a humane form of the death penalty that is used across the country. Lethal injection does not cause any physical trauma because there are no toxic drugs used in the punishment(Williams). This type of capital punishment is just to the criminal as well as supports innocent American lives. A fair way in putting to death the criminal is preserving the rights of the people because it is not abridging peoples rights. In closing, lethal injection protects innocent Americans and is fair to criminals. Since death is different, the ultimate penalty that society can inflict, the Supreme Court has ruled that capital punishment cases require extraordinary procedures(Monk 186). Death row inmates have the right to appeal their sentences directly through state courts, or indirectly through federal courts if their constitutional rights have been violated(Monk 186). Death row cases are treated fairly through the court system, and are given a chance to be appealed. If they are then sentenced to the death penalty, their rights are not violated because they have the opportunity to contest their case. The court looks at the “aggravating circumstances”, such as the inhuman manner in which the crime was committed, which increases the severity of the crime(Monk 186). The “mitigating circumstances”, such as the character and life story of the defendant which is a factor that decreases the severity of the crime(Monk 186). In the ruling of the case, components are viewed such as the killing, the state of mind that the killer was in, how the crime was committed and if it was premeditated. Factors that are irrelevant in the case are the criminals race, gender, economic status, and birthplace will not be used against them unless they are key components in the case. Felons are given a fair trial, a lawyer, appeals, and their rights are left untouched. This prevents innocent defendants from being executed, and gives them a chance in court. In 2002, the court case Atkins versus Virginia the Court observed the increasing number of states that ruled out capital punishment for the mentally retarded(Monk 186). It was ...

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