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The Death Penalty and Criminal Law
Transcript of The Death Penalty and Criminal Law
The Death Penalty and
The History of the use of Capital Punishment
Capital punishment or the death penalty is a major result in high end crimes like murder and is used to dispose of an unwanted man or woman who has done wrong in society, even though many disapprove and have banned it all together.
The Scottsboro Case
The Fairness of Capital Punishment
The eighth amendment says that the government cant impose cruel or unusual punishment.
If you commit a capital crime such as murder you should be put to death. My opinion about that hasn't changed I believe if you murder another person you should be sentenced to death as well.
The first known case to use the death penalty in Colonial United States was with the execution of Captain George Kendall of James Town for treason. The next known execution, also in Virginia, was of Daniel Frank who was put to death for the crime of theft.
The death penalty is viewed as cruel and unusual because you are taking someones life.
The Scottsboro case was all based on racism no one had evidence to be accusing these nine men. It broke their consitutional rights none of the defendants had a right to an effictive counsel and it broke the exclusion of jurors based on race. The boys were denied an impartial jury, fair trial, and fair sentencing , and effective counsel because of race.
The Scottsboro case lead to no racism during a case, no all-white juries because the boys had a "miscarriage of injustice", and a right to a fair trial. It became a worldwide symbol of American injustice since the boys didnt get all their rights under due process.
The Scottsboro case involved nine black boys accused of raping and harming two white girls on a freight train on March 25, 1931. The boys got charged with rape and abuse, four of the nine men charge's were dropped and the rest got sentenced to 75+ years in prison and the oldest boy was sentenced to death.
I. Explain/summarize what the case was, when it occurred and what the final decision was.
II. Why was the case such a significant one in terms of its impact on capital punishment.
I. For what cases was the death penalty initially used in colonial United States?
III. What were the mistakes made in this case, how does this case illustrate how race impacted outcomes of many court cases?
II. Was the death penalty ever outlawed in the United States?
III. How was your research changed or informed your own views on capital punishment.
The death penalty was never outlawed nationally; however many states have outlawed it like Maryland. Many countries world-wide have outlawed the death penalty either because it is cruel or there was just no need for it.
II. Under the amendment, how can capital punishment be viewed as cruel and unusual punishment.
I. Summarize the major points of the amendment and explain the rights it ensures/protects for every individual charged with crime.
III. How come the death penalty was never outlawed nationally?
The south has the highest execution rate in the United States. It is also up to the states, some have already abolished the death penalty and jail the fugitives instead.
IV. What states currently use the death penalty and what crimes are worthy of the death penalty?
Alabama, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, California, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wyoming.
V. Has the death penalty been disproportionally used between Blacks and whites?
In 1990 a report from the general accounting office concluded that "in 82 percent of the studies reviewed, race of the victim was found to influence the likelihood of being charged with capital murder.
These executions were before the creation of the United States, the British controlled the colonies and they followed the penal system.
Actions for the death penalty: genocide, murder, terrorism, treason, war crimes, hostage taking, kidnapping, torture, murder for hire, and assassination.
The 6th amendment hasn't changed it has just been used differently over the years and it is used more fairly today. When Segregation was still an issue and the defendant was black they would treat him more strict other than if it was a white man on stand they would be strict in making sure all of his rights were being followed.
6th amendment on To Kill A Mockingbird
III. In the book, To Kill A Mockingbird, Tom Robinsin is being charged with rape. His jury is all white farmers. What are dome problems in this trial based on sixth amendment.
Major Criminal Court Procedures
right to a public trial
right to a speedy trial
right to be informed of charges against defendant
right to an impartial jury
right to be questioned by a witness and present a witness at your favor
right to have an attorney
I. Summarize the major points of the amendment and explain its rights it ensures
II. How has the Amendment been interperted differently over history.
The jury is not presented with all fair jurors. The girl who was said to be raped is the daughter of a farmer so the jury of all white farmers will most likely vote against a black man. Since they are racist and since blacks didnt have as many rights back than.