The Pros And Cons Of The Death Penalty
The Founding Fathers wrote the 8th amendment to ensure no accused person receives a “cruel or unusual punishment.” However, the 8th amendment never truly defines what “cruel” or “unusual” is. The definition of cruel and unusual has been changing for centuries and even today, the Supreme Court has difficulty deciding whether the death penalty should be considered a cruel or unusual punishment.
In the case of Furman vs. Georgia in 1972, the Supreme Court declared the death penalty unconstitutional in a 5-4 decision; however, four years later, the Supreme Court declared that the death penalty was constitutional under Gregg vs. Georgia and this decision has been upheld with some exceptions. Exceptions include insanity as determined in Ford vs. Wainwright in 1972 and retardedness as declared in Atkins vs. Georgia. Finally, in Roper vs. Simmons, the Supreme Court declared that a minor cannot be convicted of the death penalty. Regardless of the situation, the reality is that the death penalty should be abolished because of the problems of racism in America, ineffective lawyers, faulty forensic science and biased juries. …show more content…
Firstly, a study by the American Civil Liberties Union discovered that 12 defendants had been executed when their victims were black while 178 black defendants were given the death penalty when their victims were white. Such disparity shouldn’t exist when it comes to giving justice to those committing the same crime, but the reality is America has thrived upon systematic racism. The death penalty has become a perfect weapon to be used against people of color. This fact automatically violates the 14th amendment of the United States in which people of color defendants are not given equal protection of the laws as white defendants. In 1987, McCleskey v. Kemp tried to prove the racial bias for those on the death row, but the death penalty was upheld for
In the case of Furman vs. Georgia in 1972, the Supreme Court declared the death penalty unconstitutional in a 5-4 decision; however, four years later, the Supreme Court declared that the death penalty was constitutional under Gregg vs. Georgia and this decision has been upheld with some exceptions. Exceptions include insanity as determined in Ford vs. Wainwright in 1972 and retardedness as declared in Atkins vs. Georgia. Finally, in Roper vs. Simmons, the Supreme Court declared that a minor cannot be convicted of the death penalty. Regardless of the situation, the reality is that the death penalty should be abolished because of the problems of racism in America, ineffective lawyers, faulty forensic science and biased juries. …show more content…
Firstly, a study by the American Civil Liberties Union discovered that 12 defendants had been executed when their victims were black while 178 black defendants were given the death penalty when their victims were white. Such disparity shouldn’t exist when it comes to giving justice to those committing the same crime, but the reality is America has thrived upon systematic racism. The death penalty has become a perfect weapon to be used against people of color. This fact automatically violates the 14th amendment of the United States in which people of color defendants are not given equal protection of the laws as white defendants. In 1987, McCleskey v. Kemp tried to prove the racial bias for those on the death row, but the death penalty was upheld for