Furman v Georgia Case Sets Precedent on Capital Punishment

Furman V. Georgia Case
The Furman v. Georgia case has set a precedent on how the courts deal with the disputable issue that
is capital punishment because it was the first time the Supreme Court addressed the problem. Both
racism and the morality of the death penalty have been relatively controversial issues in the United
States for several years. The Furman v. Georgia case conjoined both matters. The case declared that
if capital punishment were to be used, it was going to be used for all the right reasons, not due to
any prejudices or discrimination by reason of the Eighth and Fourteenth Amendments. Additionally,
the case placed a moratorium on the death penalty because it was argued that the application of
Furman's sentencing would be an example of "cruel and unusual ... Show more content on
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The courts stated juries were allotted too much power in sentencing, hence prompting the racial bias
that dismounted in not only the Furman v Georgia case, but a multitudinous amount of cases in the
south. In a 5–4 decision, it was concluded that the implementation of Furman's sentencing was cruel
and unusual. Two justices concluded the death penalty was unconstitutional, while three stated that
the method in which the sentencing was being utilized, made it unconstitutional. Justice Douglas
also observed that not only were death penalties given to the poor, uneducated, and sick minorities,
but that they had been taking place due to miscommunication and lack of guidance and
understanding of the law, which furthermore concluded in the use of preconceived notions and
prejudices that guided the jurors in
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Capital Punishment And The Death Penalty
Capital punishment, or the death penalty is the legally authorized death of an individual as
punishment for a heinous crime, typically one that involves murder. The legality of it varies by state
and it continues to be a contentious topic of discussion in the United States. Furthermore, in recent
decades, public opinion has been shifting from a supportive stance to an unsupportive stance on the
use of the death penalty. It is now perceived by most people to be an unethical, immoral, and
expensive way to punish criminals. There are also concerns about the possible execution of
potentially innocent people. In utilizing a utilitarian philosophy regarding capital punishment, the
crux of the issue pertains to whether or not a potential act will lead to a feeling of pleasure or pain.
By applying this view, the death penalty is considered to be an immoral and evil due to the fact that
it inflicts pain on the criminal before, during and after the action is performed.
The moral framework I tend to personally abide by is utilitarianism. Utilitarianism is the ethical
concept that the actions that lead to the most pleasure are moral and good, whereas those that lead to
pain are an immoral evil (Boss 23). When making decisions, I contemplate the advantages and
disadvantages of each option presented before acting upon it. In addition, I consider those who
would possibly be affected by my decision both positively and negatively. Like utilitarianism, I
choose the option with the least

Taking a Look at the Death Penalty
Death Penalty should be allowed under circumstances also known as capital punishment, where
congress or any state legislature recommend the death penalty for murder and other capital crimes.
Majority of the states are favor in death penalty, roughly around 32 states are favor and 18 states are
against death penalty. In most cases, many argue that death penalty has violated the 8th amendment,
where it bans cruel and unusual punishment. Therefore, they would go against death penalty.
However, without the sentence to death, the chances of prisoner escaping prison are really high. If
they are able to escape prison and get away with it, then they can continue committing crimes.
Although some may argue that death penalty is harsh because if you kill someone; and then you take
another person's life, then why should yours be freed? I personally do not agree with death penalty
because taking away another person's life is not going to regain the victim's life back. However, the
victim's family would want the person to be sentence to death, so the victim can rest in peace. I
think that death penalty should be only allowed under circumstances, but then how can you really
determined if the case should be ruled with death penalty? And how would the justice system know
that they have made the correct decision? Did the decision of sentence to death turn out to be wrong,
where the person is later found innocent? There are multiple of questions that people will be more
concern about. The

Indian Betrayal Essay example
Indian Betrayal
Looking back at the history of the United States, there are many instances and issues concerning
race and ethnicity that shape the social classes that make up the United States today. There are many
stories concerning the American Indian that are filled with betrayal, but there is probably none more
cruel and shameful as the removal of the Cherokee Indians in 1838. Blood thirsty for money and
property, the white settlers would soon use dirty methods to drive the Cherokee out of their home–
lands. The United States government played a critical role in the removal of the Cherokee. "Soon the
state governments insisted on the removal of the native peoples, who were already out numbered by
the white settlers and ... Show more content on Helpwriting.net ...
Settlers would form organized groups called Pony Clubs to ride into the Cherokee territory and start
fires and destroy their homes. The settlers brought with them many diseases that proved deadly to
the Indians. Fearing that if they fought back, the American government would interfere and force the
Cherokee people out west. The Cherokee nation had no choice but to endure the persecution they
received from the white man.
The Cherokee had many individual whites to fear, but the real threat was the American government.
The government had the power to force the removal of the Cherokee nation from there homes. Not
only did they have the power to do so, they did exactly that. In 1838, the federal government acted
on a treaty agreement that gave away all Cherokee land east of the Mississippi, in exchange for new
lands in the west and a cash settlement. Only a minority of the Cherokee people signed this treaty.
Some of the Indians that signed the treaty were bribed by American officials, however the
government considered it valid. "In fact, all of these treaties were tainted: Some were obtained
through bribery; others through threats and intimidation" (Kelly 39). Stealing Property through
obtaining false treaties had become the way the American government would drive the Indians from
their land.
The winter of 1838 was the beginning of a long nightmare for the Cherokee Indians. Having no
choice, by decision of the United States

The Punishment And Capital Punishment Essay
In the horizon, there are always heightened debates over issues with capital punishment in today
judicial system. Today thirty–three states, along with the United Stated Government and U.S.
military, have the power to legally take away someone's life. Though it is very much illegal to take
someone life within society, our state and federal government's do the very same thing we are
prohibited from doing. The first section in this paper, will be discussing the reason on why our
governments allow capital punishment, relating to the deterrence of crimes such as murder. The
deterrence of murder and capital punishment seem to only work if you over exercise capital
punishment. Such evidence provided will show the difference in states that utilize capital
punishment more than other states that have not abolished the deterrence method. The second
section will be discussing the retribution relating to capital punishment. It also covers unanswered
questions that relate to utilizing methods of execution on innocent people. The last section covers
the Eighth Amendment violation relating to cruel and unusual punishment. It also discusses some of
the botched executions that have been conducted over the years.
Deterrence
Recent studies by sociologist suggest that capital punishment and/or the death penalty, does not
deter crimes such as murder . On the other hand, recent empirical studies conducted by economists
suggest that capital punishment does deter crimes such as murder

Death Penalty: Society's False To The Criminal Judicial...
Society's desirability on the death penalty is not a germane to the criminal judicial system. In a
residential poll conducted by the City of 57% favored a sentence of life without parole for accused
Boston Marathon bomber Dzhokhar Tsarnaev. (MacQuarrie). Moreover, "Twenty years ago, use of
the death penalty was increasing. Now it is declining by almost every measure. The recurrent
problems of the death penalty have made its application rare, isolated, and often delayed for
decades. More states will likely reconsider the wisdom of retaining this expensive and ineffectual
practice." Moreover, societies as a whole has grown a less desirability too embrace Capital
Punishment. The temperament of today's populace negates violations human rights, ... Show more
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"By the numbers, the annual cost of the death penalty in the state of California is $137 million
compared to the cost of lifetime incarceration of $11.5 million." Capital punishment serves as a
lucrative business for the judicial system. In 2011, "A defendant facing the death penalty is entitled
to two attorneys, of course the costs for defense attorneys are higher, says Joann Moore, Director of
the Washington State Office of Public Defense," Moreover, a "Death row would be housed within a
level five secure unit. It gets expensive because it's more intensive from a security standpoint and a
security staffing standpoint", says Dan Patcholke, Directors of Prisons for the Washington state
Department of Corrections." Another expense to the Death penalty is the prices of the drugs to put a
prisoner to death. In 2012, the sodium thiopental, pancuronium bromide and potassium chloride cost
the tax payers of Texas $83.55. However, in March of the same year their costs inflated to
$1,286.86. This was a 150% cost increase overnight for the

Worcester V. Georgia Case Study
United States Supreme Court voted on Worcester v. Georgia, 31 U.S. 515, was a case in which the
United States nullified the conviction of Samuel Worcester and held that the Georgia criminal statute
that prohibited non–Native Americans from being present on Native American lands without a
license from the state was unconstitutional the President Jackson disagreed. S0, the Trail of Tears
happened which was a series of forced relocation of Native American nations in the United States
following the Indian Removal Act of 1830. The removal included members of the Cherokee,
Muscogee, Seminole, Chickasaw, and Choctaw nations, from their ancestral homelands in the
southeastern U.S. to an area west of the Mississippi River that had been designated as Indian
Territory. On May 26, 1830, ... Show more content on Helpwriting.net ...
government and helped lead the way to the Trail of Tears. On August 21, 1831, A local slave Nat
Turner led rebellion in Southampton County, Virginia, killing fifty–seven white citizens. Turner
would be captured on October 30 of the same year, tried for not wanting to be a slave, and hanged
on November 11 for his part in the uprising. Then on January 30, 1835 at the United States Capitol,
President Andrew Jackson experiences the first assassination attempt on a President it was an
unsuccessful assassination attempt committed by an unemployed house painter, Richard Lawrence.
President Jackson, after two point–blank shots misfired, then proceed to beat his attacker with a old
hickory cane. On September 10, 1833, Jackson removed all federal funds from the Second Bank of
the U.S., redistributing them to various state banks, which were popularly known as pet banks. In
addition, he announced that deposits to the bank would not be accepted after October 1. Finally,
Jackson had succeeded in destroying the bank; its charter officially expired in

Constitutional Conflict of the Dealth Penalty Essay
Constitutional Conflict of the Dealth Penalty The courts positions of the death penalty has changed
over the years. For centuries societies have used death as the ultimate penalty for crime. In the
1960's, the court ruled against the death penalty as a "cruel and unusual punishment", which was
forbidden by the eighth amendment of the Constitution. By the 1990's the death penalty was again in
wide use supported by the court and Congress, which continually expanded by legislation the crimes
for which death would be an acceptable penalty. Supreme Court cases that have felt the death
penalty was unconstitutional include Roberts vs. Louisiana and Furman vs. Georgia. Roberts vs.
Louisiana, (1976) was a case that tried Robert, who ... Show more content on Helpwriting.net ...
These circumstances included air craft highjacking; treason; murder for hire; murder of a judicial
officer, policeman, or fireman in line of duty; and murder by a person with a previous record of
violent crime. This decision made it clear that the justices did not consider the death penalty per say
to be "cruel and unusual punishment" in the sense intended by the constitution." (Davis, 196–197).
The justices reaffirmed what an unbiased historical and legal analysis would reveal every time that
our forefathers were not against Capitol Punishment but against the misapplication of punishment
bringing about injustice. Philosophically speaking there is a strange twist in logic to call Capitol
Punishment inhuman or cruel. The inhumanity and cruelty was the crime that called for capitol
consequences. The inhuman act was performed by the criminal in murder not on the criminal
through capitol punishment. It can be argued that if one were to mandate a life sentence for a
murderer that it is cruel and inhumane to expose inmates, guards and counselors to a volatile
criminal. In fact there are many cases of murderers killing innocent victims while incarcerated. Was
it cruel and inhumane to sustain the life of such a criminal so that he was given further opportunity
to carry out his evil ways? " The worth of the

Deterrence And The Death Penalty
Running head: Deterrence and the
Deterrence and the Death Penalty
Sherelle Gordon
Virginia State University
Deterrence and the Death Penalty
The idea of capital punishment deterring crime is difficult to determine; some could rationalize that
the death penalty should in theory stop potential murders from committing crimes. However, this
rationalization has never been concretely proven. The research into capital punishment's effect on
deterrence is immense; however, the majority of research on this issue has differential findings.
Although some research suggests conclusively that capital punishment deters crime, others found
that it fails to do this. Understanding deterrence, the death penalty, and the results of ... Show more
Beccaria suggested if the punishments were done immediately after the crime, then these
punishments would make for a more effective legal system (as cited in Paternoster, 2010).
According to Paternoster (2010), the majority of Beccaria's original deterrence ideals concluded that
self–interest to commit an offense could be stopped by legal punishments that are definite,
relational, and immediate. Paternoster (2010), determined that Beccaria provided the rational
authority with applied strategies to make legal systems more cogent and effective. However,
according to Paternoster (2010), Beccaria fell short in providing a developed theory of crime or
criminal conduct; he also failed to provide a theory of behavior other than the conception that
offenses are motivated by self–interest.
Alternatively, Paternoster (2010), suggested that Bentham displayed a more developed deterrence
theory model of human conduct. Bentham identified that human behavior is directed by the
pursuance of pleasure and the evasion of pain (as cited in Paternoster, 2010). Bentham's pleasure
principle is defined by the benefits; while the pain principle is the costs (as cited in Paternoster,
2010). Bentham specified four elements of pleasure and pain; physical, political, moral or popular,
and religious (as

The Eighth Amendment to the U.S. Constitution Essay
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
Eighth Amendment, 1791 The Eighth Amendment to the U.S. Constitution limits the punishments
that may be imposed by the government on American citizens. These limits are compulsory among
the states by way of the Fourteenth Amendment. The English Bill of Rights of 1689 expressed
concern with arbitrary and disproportionate sanctions, giving way to the Founders inclusion of the
prohibition against cruel and unusual punishment. To explore the Eighth Amendment it is important
to consider constitutionally accepted punishments, the ever–evolving practice of capital punishment,
and eighth amendment protection inside prison walls. ... Show more content on Helpwriting.net ...
The Supreme Court upholds the Excessive Fines Clause only as it pertains to fines imposed by and
paid directly to the government. "The court noted the word 'fine' was understood to mean a payment
to a sovereign as punishment for some offense." ("U.s. constitution: Eight," 2011) Eighth
Amendment protection, therefore, does not extend to the punitive damages imposed by a civil jury
in cases between private parties. The Court has since held in Austin v. United States (1993) that
protection does exist in cases involving civil forfeiture since it is intended as punishment. The
prohibition against cruel and unusual punishment largely concerns itself with disproportionate and
arbitrary punishments imposed by the government. "The Court has repeatedly emphasized the
Eighth Amendment's expansive and vital character and its capacity for evolutionary growth."
(Kanovitz, 2010) Cruelty is interpreted as actions that oppose current standards of decency. As
public opinion grows and changes these standards are apt to change. The vague wording of the
Eighth Amendment allows room for the opinion of what punishments are acceptable to adapt to
modern times. There has been unrelenting controversy over the years concerning the
constitutionality of matters such as mandatory minimum sentences and three strikes laws, life
without parole for juvenile offenders and capital punishment. Mandatory minimum sentences began
in 1951 when Congress passed the Boggs Act, allowing for tough mandatory

Capital Punishment Essay
Capital Punishment: Justice in Retribution
The American government operates in the fashion of an indirect democracy. Citizens live under a
social contract whereby individuals agree to forfeit certain rights for the good of the whole.
Punishments for crimes against the state are carried out via due process, guaranteed by the
Fourteenth Amendment. The use of capital punishment is decided by the state, which is legal in
thirty–seven states. It is a moral imperative to protect the states' rights to decide their own position
on the use of capital punishment.
Capital punishment is a method of retributive punishment as old as civilization itself. Both the
Greeks and the Romans invoked the death penalty for a wide variety of ... Show more content on
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The case for capital punishment can best be understood by examining the opposition's arguments
against capital punishment. Opponents of capital punishment say the death penalty does not deter
crime and is cruel and unusual. Opponents may also argue that capital punishment is a blood thirsty
judicial homicide that benefits no one. Are they right to believe a murderer is entitled to our
sympathy?
The first argument that I shall contend with is that capital punishment does not deter crime.
Opponents of capital punishment say the death penalty is not necessary. Other countries that no
longer have the death penalty have not experienced an increase in the number of murders. The idea
is that the death penalty does not deter crime. Countries such as Sweden, Netherlands, Denmark,
Switzerland, and Belgium have not carried out executions since the early part of the century, yet
these countries have not experienced a rise in crimr rates (Block, 1983). However, deterrence is not
the question when you are looking at the retributive value of capital punishment. In short, deterrence
can only work if the threat of punishment is combined with the conviction that the forbidden acts are
not only illegal and therefore punishable but immoral. Without the conviction of morality, the easily
frightened will not break the law, but the fearless will break the law, the irrational will break the law,
and all others will break the law.
Apparently certain sections

Certiorari to the Court of Criminal Appeals of Texas Essay...
Smith v. Texas CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS I
Introduction LaRoyce Lathair Smith was convicted of capital murder and after some time being in
court he was sentenced to death by a jury in Dallas County, Texas (Kennedy). This case deals with
whether or not the death penalty should be nullified due to the jury's improper instruction, how weak
the two special issues are in certain cases, and since there was claim against constitutional error,
there was no sign that he would cause future deliberate danger towards the public (Breyer). In 1991
the petitioner was convicted for viciously murdering one of his former co–workers at a Taco Bell in
Dallas County, Texas. Smith entered the Taco Bell with the intent to rob ... Show more content on
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Because of the failed objective, the Texas Court of Criminal Appeals said that a person cannot get
rid of his/her death sentence unless surmounting a Texas rule that is analogous federal rule. The
Almanza v. State case made Texas adopt a rule stating that a criminal defendant who does not object
to the jury's instruction will not receive a reversal just because the instruction mistake was harmful.
Instead, the defendant must meet a heightened standard, but if the standard is not met the Texas
Court of Criminal Appeals will make the petitioner's sentence stand (Kennedy). Since the petitioners
have not succeeded in raising the objection to the court's attempt to help the federal defect, the Texas
Court of Criminal Appeals now has to use the strict Almanza rule, a rule that represents a state–law
ground for decision (Kennedy). During the trial Texas said that the jury had to answer two questions
(sometimes three), these questions are known as the "special issues." The questions that have to be
answered in every court case are: 1. "If the behavior of the defendant that killed a person did it on
purpose and whether that person expected to have his/her actions to cause death." 2. "If the person
that committed the violent crime has done this causing a continuous threat to the public." If all of the
jury says that the defendant

Capital Punishment : An Effective Tool
Capital punishment has been a subject of public debate, since the time the practice of the death
penalty was implemented into the legal system. With the number of historical occurrences, it was
widely acknowledged that the administration of capital punishment remains to be an imperfect
embodiment of governmental power. Many studies in the context of criminological analysis have
provided statistics, although inconclusive, regarding capital punishment as an effective tool in terms
of deterrence. It was generally assumed that the death penalty is likely to deter more than other
punishments because people fear death more than anything else, however, such notion was largely
criticized by many scholars and criminal justice professionals. Therefore, the question of whether
capital punishment is justified or stands as a legalized murder, whether the death penalty is a fair
solution or a moral failure remains to be open, creating more and more dispute within the
community. Given that prosecutors exercise broad discretion within the intricacy of rules when
deciding upon cases that merit capital punishment, understanding prosecutorial decisions is crucial,
as it is directly connected to the legitimacy of the justice system and the amount of public esteem
that citizens place upon judicial institutions.
The history of the death penalty in America can be divided into several periods: first, from the
colonial period to the adoption of the Constitution and the Bill of Rights; second, the

The Social Roots Of Crime
Introduction Crime is one of the most important, yet least understood social problems in society. The
public's knowledge about crime is often based on a host of myths and misperceptions. Crime is often
treated as an individualistic phenomenon. (Esposito, 2013) The social roots of crime are often
ignored; this is why a sociological approach to criminology is important. Crime is an
action/behavior that is considered particularly harmful and thus formally banned by a criminal law.
Americans are either indifferent or in favor of capital punishment, although public support for the
death penalty has been declining (Esposito, 2013).Typical reasons given by supporters of Capital
punishment; provides closure for grieving families, retribution and serves as a deterrent. Capital
punishment is cost effective for example tax payers should not have to pay for killers to live behind
bars. Possibilities for wrongful conviction has decreased. Jeffery Reiman is an American
philosopher who wrote the book titled The Rich Get Richer and the Poor Get Prison. Jeffery Reiman
argued that the criminal justice system was designed to fail. The criminal justice system is a system
whose purpose is ensures laws that prosecute criminal offenders, upholds social control, deterrence
and justify crime. Reiman stated in his book that the criminal justice system criminalizes non–
violent offenses such as drug use and prostitution, gives people prison sentences that are harsh and
demeaning, charges and

The Death Penalty And The Fifth Amendment Summary
In the article "The Death Penalty and the Fifth Amendment" written by Joseph Blocher, several
concepts surrounding the death penalty and its relation to the Fifth Amendment. Blocher is a law
professor at Duke University. His academic interests include constitutional law, the First and Second
Amendments, capital punishment, and property rights.
Blocher notes a particular argument: the death penalty must be constitutional because the Fifth
Amendment clearly allows it. However, Blocher takes a side on the issue and explains reasons why
this is not necessarily true. One of those reasons is that the death penalty was allowed and
constitutional at the time the Constitution was being written. The author comes to the conclusion
that there may be good arguments for the constitutionality of the death penalty, but the Fifth
Amendment is not one of them. Throughout the article Blocher explains his reason for believing that
the Fifth Amendment does not supply enough evidence to support the use of the death penalty.
However, Blocher also includes evidence that supports opinions that people who disagree with him
may have. He writes: Justice Scalia argued that the Fifth Amendment afforded a textual basis for the
capital punishment's continued constitutionality: The reason is obvious: It is impossible to hold
unconstitutional that which the Constitution explicitly contemplates. The Fifth Amendment provides
that '[n]o person shall be held to answer for a capital . . . crime, unless on a

Supreme Court Cases and the Eighth Ammendment
Thomas Jefferson was commenting that the Bill of Rights from governmental. Both the Bill of
Rights and the U.S. Constitution had more purpose; The Bill of Rights was meant to give citizens of
the U.S. promising freedom to rely on. The Constitution set terms for the U.S. to abide by. The
Constitution was established for the people and was a social contract; it was an agreement between
the government and society to protect the nation's deserved rights and liberties. The Bill of Rights
was included in the Constitution; it is the first ten amendments which were included to guarantee
personal rights. One interesting amendment that has tested numerous times through the Supreme
Court is the Eighth Amendment: no cruel or unusual punishment, it definitely changed America's on
what punishment is considered cruel and unusual. The Eighth Amendment was tested through many
Supreme Court and there were some very significant ones such as the Miller v. Alabama. The no
cruel or unusual aspect of the Eighth Amendment gives protection of undeserving or unreasonable
punishment to a citizen that commits a crime. As Supreme Court cases regarding the Eighth
Amendment open and closed the meaning of no cruel or unusual punishment changed; the
sentencing of death is not considered cruel and/or unusual to a suspect that is mentally insane this
aspect of the Eighth Amendment is important to the wrongfully accused people that are sentenced
something for a crime that they did not commit. A significant

Persuasive Essay On The Death Penalty
The Death Penalty law in the United States continues to be a very controversial topic that will
heavily be debated for a long time to come, which is one of the main reasons why I am so interested
in it. Since the beginning of time, there has always been a sort of rules connecting punishment to
people who break the law. Almost every nation around the world either has a form of capital
punishment currently or once practiced it at one point in time. America's death penalty first came
about in 1608 and is still practiced, to some extent, today. When the Europeans came over to
America, they brought more than just goods with them. They brought over the practice and ideas of
capital punishment. During the early 1600's in our first colony of Jamestown, the first execution
took place. During these times, people who committed petty crimes such as robbery, unlawful
trading, and killing livestock were subject to be executed. It is hard to believe that today, people
have changed their views juristically towards practicing the death penalty. The time where capital
punishment became a debatable topic was during the abolitionist movement, from an essay by the
author of Cesare Beccaria. Beccaria explained in his essay that a state had no justification in taking
someone's life. Many scholars around the world became fascinated by his work. Beccaria's essay On
Crimes and Punishment actually inspired Austria and Tuscany to abolish their capital punishment
laws altogether. In the United

Capital Punishment : The Death Penalty
Capital punishment, also known as the death penalty, has laws that date back to the Code of
Hammurabi in Babylon. The first recorded death penalty case took place in the 16th century BC
where a man was sentenced to death for his alleged use of magic. The death penalty in the United
States was influenced by Britain power over the original thirteen colonies. In the 1700's, Britain had
two hundred and twenty–two crimes that could be punished by death. The first legal execution in the
United States took place in Virginia in 1622 where the defendant was put to death for theft (PBS).
The first state to abolish the death penalty for all crimes except treason was Michigan in 1846.
Capital punishment is legal in the federal government and ... Show more content on Helpwriting.net
...
(COL)." The legal movement to abolish capital punishment in the United States has been rooted in
the Eighth Amendment. The Eighth Amendment states, "excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punishments inflicted (Cornell)." The argument
against the use of the death penalty is rooted in the Eighth Amendment because of the "no cruel or
unusual punishment" clause. The proportionality requirement only allows a punishment to be
proportional to the crime, thus making the punishment neither cruel nor unusual. In determining
proportionality, the court must have "a consideration of the offense 's gravity and the stringency of
the penalty; a consideration of how the jurisdiction punishes its other criminals; and a consideration
of how other jurisdictions punish the same crime. (Cornell)" While 1700's Britain had two hundred
and twenty two crimes that could be punished by death, the proportionality requirement only allows
for a limited number of crimes to be punished by death. According to landmark court cases Coker v.
Georgia (1997) and Kennedy v. Louisiana (2008), the death penalty cannot be used in the rape of an
adult woman or of a child if the victim did not die. Only a few states allowed for the death penalty in
such cases, but the Supreme Court ruled that the death penalty violated the proportionality
requirement in such cases (Cornell). The greatest victory

Capital Punishment Of The United States Essay
In our contemporary criminal justice system, capital punishment has been one of the most debated
topic. Capital punishment is also known as the death penalty. It is a punishment by death of a person
by the government, as a result of committing a vicious crime. The nature of the punishment raises a
plethora of human–right case; therefore, it has led to its abolishment in many countries. In several
countries, the ending of capital punishment against juveniles has been accomplished through
enforcement if specific provisions of international agreements, which prohibit the execution of a
juvenile. Although, Capital punishment for adults is allowed under international law, the execution
of a juvenile is not tolerated. Almost every country in the world have ratified or sign the United
Nation Convention on the right of a child treaty. The United States is the only country with a
pending reservation to the Article forbidding the execution of juveniles. Juvenile capital punishment
has been an active force in the United States for decades. Statistics show, most offenders were
sentence to death row as a juvenile and later executed as an adult. Capital punishment for juvenile
offenders appears to have forsaken by the United Nation Convention on the right of a child and
other international agreements.
History of Capital punishment in the U.S
The practice of capital punishment for juveniles in the United States was originated from the
English common law. The minimum age of a criminal

The Importance Of Capital Punishment
Thesis Statement: States decide to retain capital punishment for heinous crimes regarding the
implicit diabolical view while perspectives of the abolitionist avow its controversy. Today, capital
punishment is still legal in many U.S. states, and it is likely that its implementation is whether
politicians view the issue as controversial or diabolical. Capital punishment may kill innocent
people or murder the most heinous. But it does little to convince all state governments to abolish
capital punishment. Thus, questioning why some U.S. states allow the death penalty while others
have made it illegal? To understand the significance of capital punishment is crucial in finding a
resolution to the dissonance between states.
It is important to understand how states decide policy. Mainly, because people have rights to civil
liberties that politicians tend to ignore. That is because people in communities are subject to the laws
of the state and must discern the social aspects that fuel political discourse. It is as department of
history of politics
James A. Tyner & Alex R. Colucci (2015) stated: "both the executioner and the executed embody
and signify other relations that constituted, politically, any given society, e.g.guilt/innocence,
right/wrong, or inclusion/exclusion" (p. 1087). By this, the decisions by elected officials are
misunderstood by most people because methodology masks motive. In other words, are community
members participating towards the greater good of

The Death Penalty And Capital Punishment
The Death Penalty Many people begin their morning with a cup of coffee and the daily news,
whether attained by social media, television, or the radio. News coverage of death penalty cases,
grabs the attention of an audience. The death penalty is an emotional issue for individuals to ponder.
In fact, America's opinion of capital punishment depends on its constitutionality, deterrence,
retribution, and the irrevocable mistakes made by sending an innocent defendant to death row. The
death penalty also known as capital punishment is legal in thirty–one states and illegal in nineteen
states, to include the District of Columbia, ("History of," 2015.) There has been 1,418 executions in
the United States since 1976, the most recent execution was in Texas on October 2015, ("Executions
by," 2015). First, the Supreme Court sets the perimeters on the legality of the death penalty. Second,
consider the pros and cons of the death penalty as a deterrent to murder and retribution, not revenge,
("Top 10," 2009.) Third, the lethal injection drugs that are available for some states to use are
brought before the U. S. Supreme court because of the complaint of inmates on death row of the
"risk of severe pain,"("Lethal Injection, "n.d.) The death penalty is an allowed form of punishment
for defendants that are convicted of murder or other capital crimes as long as it does not violate the
Constitution. Death Penalty Summation Any state legislature may recommend the death penalty for

Capital Punishment Of The United States
Capital punishment in United States also titled as decease penalty, which is a permitted verdict in
thirty one states and the American civilian and services lawful systems. Its application is restricted
by the amendment of the eight to intensified killings committed by psychologically competent
people. Capital punishment existed a consequence for numerous misdemeanors under English
mutual regulation, and it was imposed in entire of the early US colonies preceding to the
Declaration of Independence. The procedures of execution and the misconducts subject to the
decease consequence diverge by state and have reformed over period.
Numerous regions have never had capital penance, one of the example that Michigan, which
eradicated it soon after joining the side of the Union. Article four, Section forty–six of Michigan 's
fourth part of the Constitution forbids any regulation that provides the consequence of the death.
Early in the 21 century, a lawful amendment projected to permit capital punishment in particular
situations miscarried to create it on the November poll afterward a resolution nosedived in the
administration and a public inventiveness failed to meet enough signatures. The binary latest states,
Hawaii and Alaska, eliminated the decease disadvantage prior to statehood.
Within the thirty–one states that don't officially prohibit the death penalty, additional three states
haven't essentially steered a killing ever since early 2000's. This issue leaves eighty–three

The Fifth Amendment And The Rights During Arrest, Trial,...
No matter what the crime is, the Constitution is supposed to help protect the accused's rights during
arrest, trial, and sentencing. The Sixth Amendment clearly states that "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 committed... and to have the assistance of counsel for his
defense". If the accused is found to be guilty, the Eighth Amendment is there to protect us from the
possibility of cruel and unusual punishment. This is something as an American we all expect and we
all assume is what happens, but what if you're a minority, or have a mental impairment and you're
facing the death penalty, can you expect the same rights? Recent studies have shown that while the
use of the death penalty have gone down over the years since it was reinstated in 1976, there is still
a staggering number of statics showing inequality in the application of its use. A law professor from
the University of Iowa, David C. Baldus and two colleagues published a study not long after the
reinstatement of the death penalty in 1976 (Dow, 2011). In this study it looked at over 2,000
homicide cases just within Georgia alone beginning in 1972, what they found was startling (Dow,
2011). Baldus found that black defendants were 1.7 times more likely to be given the death penalty
than white defendants and those who murdered white victims were actually 4.3 times more apt to be

Capital Punishment Essay
The Death Penalty and the Clash of Moral Ideologies
"Capital punishment is a term which indicates muddled thinking." George Bernard Shaw The
"muddled thinking" that Shaw speaks of is the thinking that perpetuates the controversy over capital
punishment in the United States today. The impractical concurrence of a theoretical, moral argument
and definite, legal application has left all sides in this controversy dissatisfied with the ultimate
handling of the issue. There are legitimate ethical and empirical considerations that stand on both
the side that favors and on the side that opposes the death penalty. The general incompatibility of
these considerations renders them irreconcilable. It is within this condition of ... Show more content
on Helpwriting.net ...
It is no easier, and is, in fact, more difficult, to reach any type of conclusion when discussing and
debating the moral components to this issue. One the side of those who support the use of the death
penalty as a legitimate form of criminal punishment stand the arguments of deterrence, the need for
a corresponding punishment, and the acceptance of state protection and regulation by its citizens.
The concept of capital punishment as a deterrent is the law enforcement view towards this issue. In
order to maintain an effective legal system, we must maintain a system of punishment that serves to
prevent future criminals from committing violent crimes, thereby saving the lives of law–abiding
citizens. A strictly utilitarian analysis of this argument would yield that capital punishment would be
a moral imperative if it were determined that more people were saved by the deterrent factor than
were killed by the State. The modern notion that the punishment should fit the crime dates back to
biblical times, when, according to the Bible, God said, "And he that smiteth any man

Worcester V. Georgia Case Study
In the court case Worcester v. Georgia, the U.S. Supreme Court held in 1832 that the Cherokee
Indians and Samuel Worcester created a nation holding distinct sovereign powers. This decision did
not protect the Cherokees from being removed from their tribal birthplace in the Southeast.
In the 1820s and 1830s, Georgia ordered a cruel battle to remove the Cherokees, who held dominion
within the borders of Georgia, North Carolina, Alabama, and Tennessee at the time. In 1827 the
Cherokees fixed an basic government. The Cherokees were not only reshuffling their government
but also declaring to the American public that they were a free nation that could not be removed
without their permission. An angry Georgia legislature responded by intending to extend its
authority over the Cherokees living in the states declared boundaries. The state took over the
Cherokee lands; overthrew their government, courts, and laws; and settled a process for snatching
Cherokee land and distributing it to the state's white citizens. In 1830 reps from Georgia and the
other southern states pushed through Congress the Indian Removal Act, which gave U.S. president
Andrew Jackson the ability to debate removal treaties with the Native American tribes.
The Cherokees, led by their principal chief, John Ross, refused to remove and instead John Marshall
filed with the U.S. Supreme Court an action challenging the authority of Georgia's laws. The
Cherokees disputed that the laws desecrated their chief rights as a nation and criminally interfered
into their treaty relationship with the United States. In Cherokee Nation v. Georgia (1831), the court
held that it did not have the authority to strike down Georgia's laws. In dicta that became particularly
important in American Indian law, Chief Justice John Marshall wrote that the Cherokees constituted
a "private, dependent nation" that existed under the custody of the United States.
Samuel Worcester, a native of Vermont, was a pastor connected with the American Board of
Commissioners for Foreign Missions (ABCFM). In 1825 the board sent Worcester to join its
Cherokee mission in Brainerd, Tennessee. Two years later the board ordered Worcester to the
Cherokee national capital of New Echota, in Georgia. Upon

A Look into Capital Punishment in America Essay
THE ULTIMATE PRICE: A Look into Capital Punishment in America
Many Americans claim that capital punishment is a cruel and unusual punishment and goes against a
persons constitutional rights. On the other hand, many Americans support it and claim it is against
ther constitutional right not to carry out the death penalty. How are we to know what is right? In all
honesty, facts, papers, journals, etc. can not decide how I am truly going to feel about a subject that
is very much a macro–argument. None the less, here Americans sit, letting "their" opinion being
primarily based off of claims and subclaims made by one side or the other. I guess that is what we
will do here. I believe that if we are to look at papers, we might as well look at ... Show more
Georgia that use of the death penalty in rape cases is disproportionate to the crime, and therefore
unconstitutional.
1982 – DNA testing is first used as evidence in court to exonerate a condemned prisoner.
June 11, 2001 – Oklahoma City Federal Building bomber Timothy McVeigh is the first federal
prisoner executed in 38 years.
June 20, 2002 – The Supreme Court rules 6–3 in Atkins v. Virginia that executing the mentally
retarded is unconstitutional.
October 21, 2002 – In a 5–4 decision, the Supreme Court refuses to reexamine whether executing
killers who were under 18 when they committed their crimes is constitutional. The US, along with
Somalia, is one of the last remaining countries in the world where it is legal to execute juveniles.
January 11, 2003 – Republican Governor George Ryan grants blanket clemency to all 167 people on
death row in Illinois, commuting their sentences to life without parole.
2003 – Worldwide, 115 countries have abolished the death penalty. The US lags behind only China
and Iran in the number of executions carried out.
As shown in this brief time line of the death penalty, capital punishment has been around since the
"New World's" beginning. The same claim has been made for all the years since; the death penalty
solves nothing, it only turns the United States into the "murderer" and the murderer into the victim;
it seems that the United States is playing God. My question is why "playing God" is not warranted

The Moral, Legal, and Economical Aspects of Capital...
Capital punishment has long been a topic for heated debate throughout the United States of America
and the civilized world. For many politicians, the death penalty has been a key pillar to winning a
state or election; and, to some extent, politics have been a key influence in America's justice system.
Many nations have outlawed capital punishment, with the United States included between 1972 and
1976. In the United States, there has been a renewed movement for this "eye for an eye" method,
citing such arguments as "deterrence" and "victims' rights." This movement begs a single question –
is there any economical, legal, or statistical support for the ultimate punishment? This article will
strive to answer that question by evaluating several ... Show more content on Helpwriting.net ...
Georgia, one can easily make the statement that the taking of a human life in return for another does
not agree with the standards of decency of our maturing society. Justice Brennan goes further to
state that "death is not only an unusually severe punishment, unusual in its pain, in its finality..."
(Brennan 32). This argument is one of the major summarizing points of Brennan's argument – the
death penalty is incredibly severe and irreversibly final. According to an article in the USA Today by
columnist Jacqueline Blais, 117 people have been freed from death row on account of innocence
(Blais). This figure is astonishing when one considers the innocents who slip through the cracks in
states like Texas, where the average death row inmate has just ten years to prove his or her
innocence from behind bars.
Opponents might argue that the death penalty provides closure to the victim's family. However, this
view makes an assumption about the U.S. Justice system that should never be made – that the
system is about retribution and not about justice. Interestingly, in a survey conducted in a Kentucky
college classroom, only 43% of participants considered capital punishment to be about justice while
71% of participants found justice to be the pursuit of the justice system as a whole (Coursey). How
then does one bridge the gap between the goals of the justice system and the goals of capital
punishment? The simplest answer to this question is that

Death Penalty Persuasive Essay
An Eye For An Eye
Have you ever watched a movie like "Alice in Wonderland" where every few scenes somebody is
put to death? This really happens to this day. The real question is if you think it should stay or be
abolished. The death penalty is needed and shouldn't be revoked in any of the states that support it.
Capital punishment, or the death penalty, is one of the oldest forms of punishments. Some of the
ways societies used to kill people was: boiling to death, hanging, and decapitation. Today some
countries still use these methods, however here in the United States capital punishment is mainly
death by lethal injection, electric chair, or firing squad. The death penalty should be in place for
three reasons. The first being the religious aspect, the deterrent of crime, and the overcrowding as
well as the cost. The United States is as close as you can be to a theocracy without being one. Think
about our pledge of allegiance,"One nation under God" and also on our paper money there is, "In
God We Trust" printed on them. Our founding fathers did not do a great job at separating church and
state. Now it is what every American uses and says everyday no matter what religion they are. Since
there is no getting away from the beliefs of the world then God is possibly the most important
reason to keep capital punishment. In Genesis 9:6: it is written, "Whoever sheds human blood, by
humans shall their blood be shed" This can be easily understood as, if somebody kills they are to

The Death Penalty Is Justified
Since the foundation of our nation the Death Penalty has been a way to punish prisoners that have
committed heinous crimes, however since the turn of the 20th century the practice of Capital
Punishment has been questioned on its usage in America and the world as a whole. The Death
Penalty is used in America to punish criminals who have committed murders, or taken the life of an
innocent person, and while the death penalty seems like it is doing justice to those who have killed
others it is actually being used improperly in most situations, while also hindering our economy and
is a means of ending more lives than necessary. The Death Penalty can be a valid source of
punishment for criminals in the US however due to the misuse of this power by the government it is
a huge detriment to our nation and the people that inhabit it. Because of the fact that Capital
Punishment is used unfairly, and ineffectively in our nation it is an obsolete form of punishment and
should have no place in the United States justice department. The Death Penalty has been used in
the United States since the very foundation of our nation; the first recorded case was the execution
of Captain George Kendall in 1608 in the Jamestown colony as it was believed Kendall was a spy
(DPIC). Americans have seen executions throughout history and are somewhat exposed to the idea
but the 21st century is a very different place than the 17th century. This century is a time of equality
and rights for people of all

Taking a Look at Capital Punishment
William Furman murdered William Micke on August 11, 1967 in Savannah, Georgia. Furman was
unemployed, and only had a sixth grade education. William Furman became depressed, and started
to commit theft for food and money. Furman was caught stealing several times, but was only given a
light sentence. At 2 a.m. on August 11, William Furman broke into the house of William Micke,
while Micke and his five children were sleeping. William Micke heard a noise and went downstairs
to see where the noise was coming from. He spotted Furman, and Furman ran for the back door.
William Furman tripped over an exposed wire and the gun in Furman's hand went off. The bullet hit
William Ficke, killing him instantly. The Furman v. Georgia case started in the district court and
then moved up to the appellate court. Furman was sentenced to death by the appellate court after a
one day trial. He made the argument that his eighth and fourteenth amendment rights were being
violated. The case moved up to the Supreme Court of the United States. In the trial, Furman had
four main arguments: most western nations had abolished capital punishment because it was an
unsuccessful way to deter crime; juries only handed out about 100 death penalties each year, and
only about 50 prisoners were sentenced to death so capital punishment was not being issued
objectively; national prison records stated that executions almost always involved black prisoners;
and the only reason why capital punishment had

The Death Penalty
The concept of the death penalty has been around since the 1700's B.C. where it was first defined in
the Code of Hammurabi (Historical Timeline). Since then, the death penalty has morphed and
changed. In 1608 A.D., Captain George Kendall in the Jamestown colony of Virginia was hanged
for treason (Historical Timeline). This became the first execution recorded in America (Historical
Timeline). After this moment in history, people have debated the concept of the death and if it is
truly constitutional in regards to the other amendment. The first case that the Supreme Court ruled
on that shaped the modern death penalty is Furman v. Georgia. On June 29, 1972, the Burger Court
answered the question "Does the imposition and carrying out of the ... Show more content on
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The question of the Gregg vs. Georgia case was "Is the imposition of the death sentence prohibited
under the Eighth and Fourteenth Amendments as "cruel and unusual" punishment?" (Gregg v
Georgia). In a ruling seven–to–two, the courts' ruling was that the death penalty did not violate the
Eighth and Fourteenth Amendment under all circumstances (Gregg v Georgia). Because of the strict
guidelines around the death penalty in Georgia, which include the requirement bifurcated
proceeding, where the trial and sentencing are conducted separately, and that prior death sentencing
is compared to the current trial in questions, "the state assures the judicious and careful use if the
death penalty" is chosen (Gregg v Georgia). After almost a decade of no death penalty rulings, the
execution of Gary Gregg stopped the state 's concern about ruling this punishment. One of the
biggest effects that the Supreme Court has had on the death penalty is their rulings that affect the
jury. The two cases that have affected the jury the most are Witherspoon v. Illinois and Hurst v.
Florida. In Witherspoon v. Illinois, which occurred on April 24, 1968, the Warren Court decided
whether dismissing a juror on the basis that they are against capital punishment is a violation of the
Sixth Amendment which guarantees the accused an impartial jury and the Fourteenth

Essay about PHILOSOPHY
With such great minds and an awesome influence that seems boundless, how can there not be
references to the works of Thomas Hobbes and Immanuel Kant. The Fundamental Principles in the
Metaphysics of Morality is used by the minority dissenting opinion to reiterate the concepts of the
intrinsic dignity of man. While the majority uses the literary work the Leviathan to support their
own opinions. Transforming and uplifting the case of Gregg v. Georgia into an arena for a debate of
Hobbian and Kant philosophies.
The majority claims that the death penalty serves two purposes, restitution and deterrence. Quoting
the prior case of Fruman v. Georgia, that "The instinct for retribution ... Show more content on
Helpwriting.net ...
Once this merger is completed then the work begins. Work toward the distribution of common goods
and peace. All Efforts to ensure that those laws perform there intended good. Death may be the only
option to guarantee that all members of society prosper. There may be a moral outrage at the
particular offensiveness of the conduct, but still, there would be more of an outrage from the chaos
that would be sure to follow. The decision that capital punishment may be appropriate sanction in
the extreme cases is an expression of the community's belief that certain crimes are themselves so
grievous an affront to humanity that the only adequate response may be the penalty of death.
The courts state that this majority of the population (thirty–five states) allow and approve of such
extreme measures. In the commonwealth, the entirety of the governed population agrees with their
leader on what best to do. Bath parties need the willingness of the population to accept such radical
opinions and sanctions.
On the dissenting opinion, Justice Brennan and Marshall give their thoughts. Their words not only
show a concern and a different interpretation of the constitution as well as showing that Kants's
words may be old but his ideas are forever young.
Immanuel Kant formulates that morality is an end within itself, an equal to that of dignity. This
paired

Rogerian Death Penalty
Capital punishment, the state imposed penalty of death, continues to be one of the most
controversial issues in contemporary American public policy. Since the earliest days of its
employment in the colonial era until today, citizens have struggles with the issue of when and under
what circumstances the taking of a human life by the state can be morally or legally justified. For
some opponents of the death penalty, the simple answer is that the taking of a human life is always
morally and ethically wrong, even when conducted under the auspices of state authority as a legal
punishment. In contrast, proponents of capital punishment have contended with equal fervor that the
death penalty is morally justified as a form of retributive justice, ... Show more content on
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Abolitionist states seem unlikely to adopt capital statutes, and most death penalty states conducting
executions seem equally unlikely to eliminate the punishment. Similarly, states where the death
penalty is used frequently, such as Texas, seem certain to continue doing so, while those states that
use it infrequently., such as California, seems unlikely to begin frequent use (Hill, 2014). The
utilitarian theory would view the death penalty as moral because they look at what would make most
the people happy. Utilitarianism was founded by John Stuart Mills and Jeremy Bentham. By killing
the person who took another person's live, the victim's family would be pleased that justice was
served, and the rest of society would be happy knowing that the murderer would never be able to
escape and harm them. This theory does allow life without parole as an alternative to the death
penalty, since the murderer is still being punished and society's happiness would

The Argument Of Capital Punishment
The Argument of Capital Punishment
There not many issues in the criminal justice system that have caused more heated discussions and
arguments as consistent and strong as that of the argument of capital punishment. Capital
punishment (death penalty) is one of the most critical issue that has strong defenders and opponents.
This kind of punishment is the most severe form in the U.S. todays and it has different type which
lethal injection is the most common ("Ethics and Law"). There have been many religious arguments
involved in both sides of the argument, citing both the need for justice and the sanctity of human
life. This debate regarding the death penalty has become a complex issue in recent years with
concerns as to the equality of the criminal justice system, the position of physicians in assisting in
executions, and the likelihood of reform, improvement and rehabilitation amid individuals currently
serving on death row. Also, Make a decision on capital punishment is so complex and difficult for
the federal government. Each side of defenders and opponents have their own strong reasons. On the
one hand, offenders believe fear of death prevent peoples from committing crim. Also, they
mentioned on the Crime Control and Law Enforcement Act of 1994 which stablished constitutional
procedure for

The Importance Of The Death Penalty
The death penalty has been around before the birth of the United States Constitution. The death
penalty is a very conversational topic and is a deterrent of the worst criminal acts (murder, rape, and
terrorism). Support for the death penalty has gone down in recent years from 1994 to 2014 support
of for the death penalty dropped 20%. Kenneth Williams blames these key factors innocence, race,
arbitrariness, incompetent lawyers, etc... ). For many decades the supreme court has tried to make
adjustments to the death penalty by reviewing steps to reduce bias. The death penalty is no longer a
popular choice among Americans. "The number of Americans who believe in the death penalty to be
morally acceptable during this time period has gone from a high of 71% in 2006 down to 60% in
2014" (Williams, 2017, p.2). Furthermore, the author believes that innocent people who are
wrongfully convicted of a crime can end up being given the death penalty. Williams is concerned
because 4% of those sentenced to death are innocent. The author uses a really great case to make his
point clear. Cameron Todd Willingham, who was convicted of arson that killed his three juvenile
daughter was given the death penalty. "The state's case against Willingham consisted primarily of an
expert's conclusion that the fire was deliberately set and that because he was the only adult in the
home at the time of the fire, Willingham deliberately started the fire (Williams, 2017, p.2). Before

The Death Penalty Laws Within America Essay
Since the beginning of time, laws and ordinances have been put in place to prevent chaos and
delinquent behavior. Punishments have been put in place as a deterrent so that individuals may
witness what partaking in a wrongful event is its consequent result. One of the most apparent
examples is that of the death penalty. Like everything in life, the death penalty has gone through
many major changes. Some of these changes include methods of execution, changes between the
handling of adults and juvenile cases, and even the approval and disapproval of death penalty laws
within states. The first set of recognized death penalty laws can be traced back to the 18th century
B.C and found in the Code of King Hammurabi in Babylon, in which the death penalty was
established for over twenty different offenses. In the 17th century B.C., the Draconian Code
established the death penalty for all criminal offenses. In Roman law, the death penalty was seen in
it Twelve Tablets around the fifth century B.C. Each country had its different views of what crime
was to receive the death penalty as well in the type of punishment one got. Some of the common
forms of punishments one got for the death penalty was crucifixion, stoning, hanging, and
quartering. Over the decades, the use of the death penalty brought its way into the United States.
The Constitution has ruled the death penalty itself as being unconstitutional, but it allowed states to
make their own laws regarding it. As the United States

Indian Removal Act Of 1830
"It gives me pleasure to announce to Congress . . . the removal of the Indians beyond the white
settlements is approaching to a happy consummation" (Jackson, 1830, para.1). With promises of
new lands, protection, and monies, President Andrew Jackson portrays the Indian Removal Act of
1830 as beneficial to Indians, wherein governmental financial gain is incidental. However, when
considering land transactions and gold discoveries, the true beneficiaries are revealed. While
strengthening the States' white population, wealth, and power, the Indian Removal Act dispels
previous treaties that ensure Indian ancestral territorial boundaries; and it ultimately facilitates the
forced relocation where thousands die of starvation and exposure.
Proponents of the Indian Removal Act (the Act) advocate its benefits to the Indians. For instance, in
his message to Congress, President Andrew Jackson (1830) explains, that as white settlements
inevitably progress westward, current policy attributes to the slow annihilation of the Indians,
therefore a speedy removal protects the Indian civilizations from extinction. He goes on to explain
that the Act not only provides for this speedy removal, but provides a purchase of their current
territory, endows a new extensive territory, finances relocation, and offers future support and
protection; and these offers should be "hailed with gratitude and joy" (para.4), and any "pecuniary
advantages which it promises to the Government are the least of its

The Death Penalty And The United States
The death penalty, as we know it today, didn't exist in the United States until 1976. However, the
American penal system has incorporated capital punishment since the earliest settlements were
founded in the early 1600's. The first recorded execution in the United States occurred in 1608 in
Jamestown, Virginia when Captain George Kendall was executed just one year after the Jamestown
settlement had been established after he had been convicted of being a spy for Spain (Part I: History
of the Death Penalty). Over the next 250 years, several states moved toward abolishing capital
punishment altogether. While there has been serious push towards ending capital punishment, more
than half of state governments within the United States cling onto their right to execute criminals
who perform truly heinous crimes. While many states have maintained their Constitutional right to
perform actions outside of the realm of the Federal government, public opinion of the death penalty
began to dwindle within the United States as many of its allies emerged from World War II. The
United States and her allied nations bore witness to the devastating actions performed by Nazi
Germany and the Concentration Camps and must have therefore felt a great desire to ensure that no
such actions could be decreed by a government over its people. The landmark case for capital
punishment in the United States occurred in 1972 in Furman v. Georgia. In the case, ...prisoners
were sentenced to death after

I Thank The Great Creator For Bringing Us All Together
My fellow brothers, I thank the great creator for bringing us all together today in a time of such
great importance for the future of the Cherokee Nation. The Cherokee are a great and ancient
people. Our great ancestors together settled our nation at the beginning, coming from beyond the
great waters, to our land that surrounds what the white's now call the Appalachian mountains. Our
lands were great, vast, and provided everything our ancestors needed as a Nation. Together as one
people, one Nation, we took care of our land and in return our great mother took care of her children
the Cherokee. As Jenny Walking stick has often reminded us around the ceremonial camp fire, Selu
gifted her ancient children with corn twice a year for her people ... Show more content on
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When the American people were born and became their own fledgling Nation the Cherokee Nation
again treated with the White Man to smoke the great pipe of Peace between the two Sovereign
Nations. The Cherokee nation was a patient nation, as America struggled to learn to govern among
the existing Nations of the World. When the U.S. created its new government under a new
Constitution it recognized the various native peoples as sovereign nations and established the federal
government's sole authority to enter treaties with these nations. The very Act of entering Treaties is
an act between sovereign nations.
As you know I am very old man who has seen much of the history between our two great Nations. I
have treated with the great white father Washington. The great white father recognized the Cherokee
as a sovereign nation. He treated with the Cherokee Nation just as every father of America has since.
In these treaties with the great fathers of the U.S. The Cherokee Nation and the United states defined
their borders just like any treaty the U.S. has entered into with the Nations of Spain or Great Britain.
We repeatedly tried to accommodate our white brothers insatiable appetite by ceding much of
ancestral land in hopes of quenching this thirst. In return the U.S government agreed to protect their
Cherokee Brothers just like an alliance with other foregone nations. Yet the states repeatedly ignored
these treaties and encroached upon our lands to continuously

Furman v Georgia Case Sets Precedent on Capital Punishment

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