Written by Krish Patel
As time progresses, technological advances occur, and ideas change, it is only fitting for society to view issues differently, with a better understanding. Through the history and background of the death penalty, previous court cases, and poll results, society’s shifting support is clearly starting to lean away from the death penalty, sparking controversy. This debated topic has even been taken up by well-known political figures. The public is beginning to recognize that the death penalty violates the 6th Amendment’s right to a fair trial, and the 8th Amendment, specifically where it forbids the use of cruel and unusual punishment. Capital Punishment is a relevant and controversial issue in America today and can be considered as unconstitutional.
The barbaric history of the death penalty can be traced back to ancient Mesopotamia, under the reign of King Hammurabi of Babylon. During his rule, he created a code of law titled the Code of Hammurabi that deemed numerous crimes punishable by death. This code was structured around the belief that a punishment equal to the offense should be given to the offender (“Law”). Additionally, an earlier code from Ancient Greece named the Draconian Code of Athens made the death penalty the sole punishment suitable for every crime (“Part”). Around the seventh century, many civilizations practiced the use of Capital Punishment through means such as crucifixion, impalement, beating, and drowning. As time progressed and new ideas about the death penalty surfaced, public support for the penalty rose and fell, influencing the use of the penalty in several civilizations. For example, in the Tenth Century (A.D.) Britain, judges began to comprehend the severity of the death penalty and reserved the penalty for serious offenses. Such crimes included treason, lying in court, stealing, and marrying a jew (“Part”).
While countries like Britain reformed their use of Capital Punishment, the use of the penalty in the United States followed a similar path. Settlers from Europe brought their methods of execution with them as they entered the new world (“Part”). When the U.S. was still young, it practiced Capital Punishment through means such as beheading, burning, disembowelment, and hanging (Bryant 357). It was not until 1883 that states called for private executions. Not long after, a society was established in 1845 for the eradication of the death penalty, and in 1852, Rhode Island became the first state to completely abolish the practice. In 1972, the Supreme Court even ruled that Capital Punishment was unconstitutional, only to be rebutted in 1976. As the United States abandoned most of its old tactics as it found new methods to execute inmates on death row, such as electrocution, lethal injection, and gas chambers (“Historical”).
The United States’s application of Capital Punishment in court cases evolved for the better, making the death penalty increasingly restricted. In the Roper v. Simmons case, Christopher Simons, a minor of 17 years, was sentenced to death by the Missouri Supreme Court. However, when the U.S. Supreme Court ruled that executing those with mental issues was unconstitutional, the Missouri court revised their previous ruling and declared with a six to three decision that the execution of minors was unconstitutional. This caused the U.S. Supreme Court to pick up the question of whether or not the execution of minors violated the 8th Amendment. With a five to four agreement, the U.S. Supreme Court deemed the execution of minors to be a punishment of cruel and unusual nature, noting how society’s norms have shifted (“Roper”). Another case that demonstrates the developed implementation of the death penalty in the U.S. is the Coker v. Georgia case. In this case, Erlich Anthony Coker was sentenced to death by the Georgia courts on a rape charge. When the case reached the U.S. Supreme Court, it was confronted with the question of whether or not the administration of the death penalty for a rape charge violated the 8th Amendment. With a seven to two decision, the Court agreed that issuing a death sentence for a rape crime was cruel and unusual (“Coker”).
With the public’s mindset advancing as it is, it is clear that the reality of the death penalty is becoming apparent to society. The current Gallup Poll from 2017 statistically shows the public’s support for the penalty to be at its all-time low, with 55% of Americans in favor of the death penalty and 45% against it. Public opinion is constantly evolving, and as time passes, the death penalty is looked upon with a decreasing favor. According to the poll, a mere four in ten claim that Capital Punishment should be used more often. Overall support for the death penalty by Democrats has also shown a decline in the past few years, with 39% taking a stance for Capital Punishment (“U.S.”). These decreasing numbers display the modern day opinions of United States citizens and show how the possibility of abolishing the death penalty is practical.
Though the controversy that Capital Punishment encourages is apparent through the valid arguments that each side of the argument has to offer, the death penalty cannot be legal under the Constitution because of varying factors such as the race of the convicted, attorney quality, and the reliability of lethal injection. Judges are required to take an oath and swear that they will be unbiased in their decisions to provide the accused with a fair trial. However, because the judge and jurors are human, bias is inevitable. Stereotypes against those of a certain race may influence the court’s decision, thus violating the accused’s 6th Amendment right to a fair trial (“Top”). While this circumstance is possible for any crime, the severity of the death penalty is too drastic to be taken lightly. Also, the quality of the accused’s attorney plays a major role in the sentencing. While it is true that one in a low financial position is offered a lawyer at no expense, the lawyer’s quality may not be substantial enough to fight for his or her client’s life (“Top”). In life or death situations, attorney quality is a factor that could possibly deprive the accused of his or her 6th Amendment right to a fair trial. Moreover, lethal injection has the potential to violate the offender’s 8th Amendment rights. Though lethal injection has no intent to torture, studies show that the injection does not always work properly. Because the executors neglect the weight of the receiver before issuing the injections, it is possible that one can receive too little of the drug for the process to work as it is intended. This causes the anesthesia to wear off too soon, leaving the receiver in prolonged agony (“Execution”). This violates the offender’s 8th Amendment rights that protect him or her from cruel and unusual punishment. Therefore, the practice of Capital Punishment cannot be a legal under the U.S. Constitution, as factors like attorney quality, race, and the reliability of lethal injection allow for the possibility of violation of the offender’s 6th and 8th Amendment rights.
As two well-known political figures’ stances on Capital Punishment are considered, the controversy that this issue sparks is apparent. While Bernie Sanders opposes the death penalty, George W. Bush supports it. Bernie Sanders, a Democratic senator from Vermont who ran for the 2016 presidential election, frowns upon the use Capital Punishment and has done everything in his power to halt its expansion. Sanders looks to other industrialized countries that have abolished the death penalty and successfully recognizes that we can mimic their success (“Where”). On the contrary, George W. Bush, the former Republican president of the United States, supports the death penalty. He is confident that every one of the 112 people he executed was guilty of their crime and received a fair and just punishment, which is unlikely (“ON”). Bernie Sanders and George W. Bush both have firm beliefs about the death penalty, showing the controversy that Capital Punishment encourages.
Capital Punishment is a relevant and controversial issue in America today and can be considered as unconstitutional. The death penalty can be seen as controversial through the history of the death penalty’s usage all over the world as it evolved from its barbaric nature and the rulings on previous court cases forbidding the executions of the mentally ill and minors. Additionally, the beliefs of Bernie Sanders and George W. Bush and undeniable poll results showing the declining public approval of the death penalty demonstrates the controversy of the matter. Furthermore, as the execution of Capital Punishment violates the offender’s 6th and 8th Amendment rights through varying factors such as race, quality of the attorney, and efficiency of lethal injections, the death penalty can be seen as unconstitutional. As society continues to advance, there is a possibility that the controversy over the death penalty will diminish, leading to the abolition of the death penalty.
Krish Patel is a 20 year old writer born in Mumbai, India. Now in Pennsylvania, he blogs for WDC and has been published in his university's literary journal, as well. He hopes to one day publish his own young adult novel.
Works Cited
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Gallup, Inc. “U.S. Death Penalty Support Lowest Since 1972.” Gallup.com, 26 Oct. 2017, news.gallup.com/poll/221030/death-penalty-support-lowest-1972.aspx.
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