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Essay / The moral, legal and economic aspects of capital...
Capital punishment has long been a subject of heated debate in the United States of America and throughout the civilized world. For many politicians, the death penalty is an essential pillar of winning a state or an election; and, to some extent, politics has been a key influence on the American justice system. Many countries banned capital punishment, including the United States between 1972 and 1976. In the United States, there was a renewed movement in favor of this "eye for an eye" method, citing arguments such as “deterrence” and “victims’ rights”. .” This movement raises just one question: Is there economic, legal, or statistical support for the ultimate punishment? This article will seek to answer this question by evaluating several key issues (whether favorable or not) regarding capital punishment – the legitimacy of "deterrence", the legality of capital punishment under the "penalty" clause cruel and unusual" of the Eighth Amendment, and the cost associated with putting a man to death versus the cost associated with life imprisonment. The Eighth Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” » The key phrase to examine in determining the constitutionality of capital punishment is “cruel and unusual punishment.” The question that must be answered is “what makes punishment cruel and unusual” and if and how these standards apply to capital punishment. According to Supreme Court Associate Justice William Brennan, “the cruel and unusual punishment clause “must derive its meaning from the evolving standards of decency that mark the progress of a maturing society” (Brennan 32). . Judging by this...... middle of paper ......Ministry of Justice. Report and Recommendations on the Administration of the Death Penalty in California. 2008. Internet. March 2, 2011. .Coursey, Ethan. “Investigation into the death penalty.” Investigation. February 22, 2011. Marshall, Thurgood. UNITED STATES. Gregg v. Georgia, 428 US 153., 1976. Web. March 1, 2011. Radelet, Michael L. and Ronald L. Akers. “Deterrence and the death penalty: experts’ points of view[*].” Journal of Criminal Law & Criminology 87.1 (1996): 1. Academic Research Premier. EBSCO. Internet. February 28, 2011. Radelet, Michael L. and Traci L. Lacock. “Do Executions Reduce Homicide Rates?: Views from Leading Criminologists.” Journal of Criminal Law and Criminology 99.2 (2009): 489-508. Premier Academic Research. EBSCO. Internet. February 28. 2011.