ktmeng/mec huggingface dataset:
Topic: death-penalty

Breyer, Ruth Bader Ginsburg, Anthony M. kennedy, David H. Souter, John Paul Stevens (Justices for the Court), and Sandra Day O’Connor, WIlliam h. Rehnquist, Antonin Scalia, Clarence Thomas (Justices Dissenting) (Brannen 318). During Simmons appealing the U.S. Supreme Court decided that it was “cruel and unusual punishment” to execute the mentally disabled (Roper v Simmons). After the Supreme Court made this ruling Americans thought Simmons case to be cruel and unusual (Roper v Simmons). Due to this the Supreme Court of Missouri decided to reconsider Simmons case (Roper v Simmons). The Public had strong feelings towards death penalty for minors but the courts did not want to rely on the opinions of the Americans because when their opinions change the court’s decision stands so they did not want the vote to be influenced by the voice of what Americans thought they wanted it to be influenced by what the right decision is (Brannen 320). When The SCOTUS votes on a case they want to take many things into consideration such as the Public opinion, Norms of foreign nations but the down sides are the public opinion can be and is swayed by countless things and changed frequently also by taking in foreign laws and norms is dangerous because what works for one population many not work in others so to change American laws and standards based off this is difficult, so when the Supreme Court makes these decisions its increasingly difficult for them and takes a lot of thought also because the way they rule will changing things for the future and the past as well. By overturning cases old cases can be retried and future criminals can get away with things, in this instance any future minor that commits murder can not be punished with capital punishment and if they decide to give him the death penalty this case will be overturned at that point (Brannen 321). This is why the Supreme Court does not always make unanimous decisions on cases because of how much goes into the decision. Many people also feel that at the age of 17 people are old enough and mature enough to understand the consequences of murder and they should be punished as adults based off of how bad the crime they commit was such as murder they should then receive the death penalty because of how bad the crime was (O’Connor). Many say that the case of Atkins v Virginia should not have influenced Roper v Simmons because it is almost impossible for the mentally retarded to understand the severity of what they are doing while minors have the possibility of understanding what they are doing especially people at the age of 17 because if the capital punishment age is 18 thats just 1 year off so the maturity varies between everyone someone at 17 may vary well have the same maturity of someone at 18 (O’Connor). So to compare these 2 cases is unfair due to them not being 100% similar.
Topic: death-penalty

In Roper v Simmons they argue that the 8th Amendment was violated. They say that they have to determine whether the 8th Amendment permits capital punishment for a specific offense or class of offenders (O’Connor). The 8th Amendment it to protect against “excessive bail excessive fines and cruel and unusual punishment” they argue sentencing a minor, any persons under the age of 18, is unusual and cruel because their minds are not fully developed so they can not fully be held responsible for their crimes. On the other hand some of the Justices think the opposite and anyone that can commit a crime such as murder should have capital punishment because if you are premeditated murder you’re smart enough to know it’s not okay because you don’t wanna get caught and furthermore if that’s what you are doing as a child it can only get worse. This all depends on how you look at the 8th Amendment as well some may say that this is not cruel and unusual punishment because it was premeditated murder and he went through with it.
Topic: death-penalty

The Supreme court ruled the execution of minors is cruel and unusual punishment making Simmons to able to be executed for him crimes (Brannen 318). The Court voted in a 6 to 3 vote the majority voted that executing Simmons would be a violation of the 8th Amendment (Brannen 318). During this case hearing the Supreme Court just voted on a case that made it unconstitutional to kill the mentally ill or “mentally retarded” and this made many people say that the Roper v Simmons case was unconstitutional as well (Roper v Simmons). The case of Atkins v Virginia was the case involving capital punishment of the mentally ill. The ruling of this case brought a lot of attention towards the way Roper v Simmons was ruled which is why they reconsidered the case. This may have and most likely did bring a lot of basis to the Justices decisions in the case. The case of Stanford v Kentucky was a case that said the death penalty for 16 and 17 year olds was not unconstitutional however when this case came around and they said juvenile death penalty was unconstitutional they overturned that case and that was a case in 1989 (Brannen 321). When this cases was finished the ruling affected 72 juvenile offenders in 12 states at the time (brannen 321). One case, the Beltway Sniper Attacks, was committed just months after the Roper v Simmons case and was directly affected. 17 year old Lee Boyd Malvo and John Allen Muhammad went on a killing rampage through Washington, D.C., Maryland, and Virginia for 3 weeks killing 10 people and critically injuring 3 others. When apprehended Muhammad was executed by lethal injection but Malvo was sentenced to 6 consecutive life sentences without the possibility of parole because of the way Roper v Simmons turned out or he would have been executed as well (brannen 321).
Topic: death-penalty

Positivism emerged in the mid-1800s and is essentially the study of external attributes and their relevance to criminal behavior. Biological positivism suggests that criminal behavior is a direct result of an abnormality within an individual that can be biological or genetic. Positivist theorists used these abnormalities to differentiate between criminal and non-criminal citizens. The theorist that is most famous for his contributions to this theory is Cesare Lombroso. Lombroso argued that there is some sort of correlation between an individual’s physical traits and their likelihood to commit a crime.
Topic: death-penalty

Lombroso examined certain physical features that he characterized as atavisms such as protruding jawlines, arms being longer than the body, asymmetrical faces, etc. and argued that criminals can be identified through these primitive features a researcher by the name of William Sheldon expanded on Lombroso’s theory. He used what he called soma typing to characterize three different types of the body. The first type was called an endomorph, this is defined as an individual whose body is soft and round.
Topic: death-penalty

Another aspect that I was most interested in with regards to the criminological theory is the Strain theory. This theory in layman’s terms is the immense pressure that is applied on individuals to achieve socially motivated goals. Robert Merton who is credited with this theory separated it into two categories societal and personal. He also argued that crime transpires as a direct result to the gap between societal goals and the means to achieve these goals, thus leading to individuals engaging in criminal behavior. For example, American society strives for the big house with the white picket fence, fancy car in the yard, etc. (goals) in order to obtain that one would have to have the means, (education, employment) When one does not have the means, they have the tendency to develop a whatever it takes mentality in order to achieve success.
Topic: death-penalty

An important aspect of law that interests me is the topic of rule of discovery. During discovery, the prosecution and the defense must both relinquish all evidence that either part has before the beginning of the trial. This evidence may include police reports, interrogation recordings, witness statements autopsies, basically any information or evidence in regards to the trial. This procedure ensures that both opposing sides each have the same amount of information leading into the trial. Although the rule of discovery is designed to aid both opposing parties. One may argue that this is only beneficial to the defense due to the fact that in criminal court cases the prosecution has the burden of proof and must have the ability to prove their case without a shadow of reasonable doubt. The evidence that is obtained and used by the prosecution in order to prove the defendant’s guilt must be made readily available through discovery. This allows the defense to build a sound argument effective enough to prove their client’s legal innocence. One might argue that this is a double edged source because although this principle may aid guilty individuals evade justice, discovery also does its part in aiding individuals who are being wrongly accused prove their innocence.
Topic: death-penalty

Another aspect of criminal law that I found interesting is the exclusionary rule. This rule that is embedded within the fourth amendment was established to prevent evidence that had been obtained through illegal search and seizure by law enforcement or any government entity from being admissible in court. It mainly serves a deterrence to stop law enforcement from participating in illegally obtaining evidence. Another interesting fact is that if any evidence that lies within the guidelines of the exclusionary rule contributed to the discovery of other evidence, which would have otherwise not been located, then the newly discovered evidence is protected under the exclusionary rule. This is what’s known as the fruit of the poisonous tree doctrine. Although these practices are a sure fire way to get incriminating evidence excluded from the trial; the courts have established many ways to obtain exceptions. The first one is the good faith exception. According to the good faith exception, evidence does not have to be excluded if the officers relied on a search one that turned out to be invalid by chance. This exception was created in 1981 through the ruling of Herring vs the United States. The Supreme Court ruled that it is constitutional for the police to arrest on the grounds of another warrant in anther jurisdiction that may or may not be valid. Another exception to the exclusionary rule is the independent source doctrine. According to this exception, any evidence that was firstly gathered during an unreasonable search, may be used in court if it is later obtained through a legal search and seizure. This particular exception was created as a result of the ruling of Murray Vs the United States. Another exception to the exclusionary rule is that of inevitable discovery. According to this exception states that any evidence that was found using illegal search and seizure methods may be used in court if eventually the evidence would have been found anyway. This doctrine of the exclusionary rule was created in response to the Supreme Court ruling of Nix Vs Williams. For example, The last exception to the exclusionary rule that I will discuss is this attenuation doctrine is exception calls for despite obtaining evidence illegally the evidence may be utilized in court if the connection between the illegal act and the evidence provides that despite the illegality in obtaining evidence, such evidence may be admissible if there is no viable connection between the illegal search and the evidence that was obtained.
Topic: death-penalty

It is extremely significant that criminal justice officials are practicing good ethics at all times. Otherwise, unlawful activities could taint the integrity and morale of the entire criminal justice system Prosecutorial misconduct has escalated in the last few years, however no one has been able to shed light on this issue, due to most of the work that prosecutors do being behind closed doors. Therefore no one is aware of the detrimental effect a dishonest prosecutor can have on the public. For instance, prosecutors have a substantial amount of power in the sense that they have unlimited access to evidence that is obtained through their investigators. This gives the prosecutor free reign to fail to disclose pertinent information that may help the defendant’s case. Not only have that but prosecutors also had the ability to offer incentives in exchange for testimonies without anyone knowing. In fact witnesses that are brought in by prosecution as experts get compensated very well for their expert testimonies. Not only is this apparent with regards to prosecutorial misconduct but also some prosecutors have a tendency to pad the accused’s file in attempts to get bail revoked.
Topic: death-penalty

In addition to prosecutorial misconduct, judicial misconduct is running rampant as well. Judges are supposed to be the beacon of impartial judgement so to speak, and is entrusted with the task of viewing the case from all angles. These days you have judges accepting bribes in return for favorable judgements. For instance the most memorable, incident is the case of former judge Mark Ciavarella that was found guilty of accepting money in exchange for unlawfully imprisoning juveniles in privately own juvenile correctional facilities. This was detrimental in the sense that it ruined the lives of several juveniles by imprisoning them for several years for minor infractions such as petty pranks. Not only do we have an ethical issue with judges being bribed their also exists a problem with their overall conduct. For instance a judge in New Jersey by the name of Judge John Russo is being charged with misconduct due to asking a female rape victim if she tried to close her legs to prevent her attacker from penetrating her during the assault.
Topic: death-penalty

One aspect of juvenile justice that I found to be extremely significant is the development of a separate court system. The very first juvenile court took place in cook county of Chicago Illinois. The legal basis for the jurisdiction of the court was Parens Patriae. This doctrine set the foundation for the intervention in the lives of troubled youth. Parents were expected to possess the ability to control and punish their children, however when it became apparent that some was unable to adequately accomplish this task; the state was given authority to do so. The purpose of the juvenile court system was to transform juvenile delinquents into upstanding citizens through the implementation of treatment instead of adult punishment. In fact the terminology is significantly different from what is associated with adults. For instance Juveniles are charged with acts of delinquency and not crimes. They are adjudicated instead of being found guilty and sent to reform schools instead of prisons.
Topic: death-penalty

Another aspect of the juvenile justice system that I found to be extremely interested in is the introduction of juvenile diversion programs. This is a strategy that is utilized as means of an intervention technique that holds youth offenders accountable, without going through all the court proceedings. This also ensures that first time offenders are free from labels that will potentially follow them for the rest of their life. One major aspect of this program is that it only pertains to first time non-violent offenders, juveniles who have committed serious violent offenses are not eligible for entrance into any type of diversion program even If is the very first crime that they have ever commented. These diversion programs have been great in deterring future crime with first time offenders.f
Topic: death-penalty

The constitution is referred to as a set of guidelines within the criminal justice system. It is it’s also known as the absolute law that determines how the United States is governed and how laws are enforced. When discussing ways in which the constitution has contributed to the criminal justice system and its relevance to the death penalty; three exponentially important cases come to mind. The first court case I will discuss is Furman vs Georgia of 1973. In this case the argument was regarding whether the death penalty was in violation of the 8th and the 14th amendment rights. The Supreme Court’s ruling was, due to the nature of which the death penalty was inflicted, it does in fact constitute as cruel and unusual punishment thus leading to its suspension for a few years. The next court case that will be discussed is Gregg vs Georgia of 1796. In this case the Supreme Court ruled that as long as the death penalty is given pertinently in accordance with the severity of the crime; it is not unconstitutional to sentence someone to the death penalty. The final court case, Coker vs Georgia, involves whether the death penalty should be invoked for rape. The Supreme Court ruled that the death penalty would be unconstitutional because it does not appropriately fit the crime that was committed. These court cases helped set the premise for how we approach death penalty cases from here on out.
Topic: death-penalty

In this week’s readings we examine the theories of criminal law, sentencing and punishment cases. The life of the criminal law begins with criminalization. We are not invited to commit crimes—like murder, or driving uninsured—just as long as we willingly take the prescribed legal consequences. As far as the law is concerned, criminal conduct is to be avoided (Stanford Encyclopedia). Lawmakers must create sentencing schedules that assign each type of crime a particular sentence or range sentences. After conviction, convicts are sentenced by sentencing authorities (usually courts), within the bounds of the sentencing schedule.
Topic: death-penalty

The first punishment case that we examine is McCleskey’s, who was a man who robbed a furniture store and killed a white police officer during the robbery. In making its decision whether to impose the death sentence, the jury considered the aggravating circumstances and mitigating circumstances surrounding the crime: Under GA law, in the penalty phase of the trial, the jury could not consider imposing the death penalty, unless it found, beyond a reasonable doubt, that the murder was accompanied by at least one aggravating circumstance.
Topic: death-penalty

McCleskey appealed claiming, amongst other things, that the GA capital sentencing process is administered in a racially discriminatory manner in violation of the 8th and 14th Amendments to the United States. He claims that the GA’s capital punishment law violates the 14th Amendment’s Equal Protection Clause: He argues that race has infected the administration of GA’s statute in two ways: (1) Persons who murder Whites are more likely to be sentenced to death than persons who murder Blacks, and (2) Black murderers are more likely to be sentenced to death than White murderers. Brand claims that Death penalty in the US is presently unjust because racial factors influence the behavior of prosecutors and juries. The documented effects show that many jurors and prosecutors treat defendants differently because of race. In the United States, black murderers are more likely to be executed than white murderers. Many abolitionists contend that justice requires a moratorium on the death penalty in th US until the states can offer reasonable assurances that racial factors will no longer influence capital sentencing. Justice does not require the state to institute a moratorium on the death penalty just because some actors within the system are racially biased.
Topic: death-penalty

Another similar death penalty case was Roper v. Simon trial. In the Supreme Court there are arguments about the rights and wrong during this case when it comes to murder, and when you are under age even if you plan it out you are sure to get away with it because of the Eighth and the Fourteenth Amendments under the Constitution of the United States. The case of Roper v. Simmons posed an essential question: is it possible for one to recieve the death penalty for a crime committed as a juvenile? Is it unconstitutional to take the life of someone under the age of 18 if they committed a murder?
Topic: death-penalty

In 2002 however, this case was taken to the supreme court. As the defendant, Christopher Simmons fought for his life being executed as a result of his murder. His reason being, that since he did perform this action whilst he was 17, his execution will be considered cruel and unusual punishment under the Eighth Amendment, That has the outcome for the courts to reconsider his case, resulting in the U.S Supreme Court setting aside his death sentence.
Topic: death-penalty

Retributivist retentionists argue that someone who does not respect the lives of others has waived his own right to life and deserves to die. Executing him is, at least, morally permissible. Some retributivists claim that nothing short of execution suffices to give killers what they deserve. A consequentalist supports capital punishment only if she believes that it has more good effects than bad. All consequentalists accept incapacitation. They believe that execution has some bad effects (on the convict and any loved ones) and they believe that nothing less than protecting others from violence can outweigh such bad effects. Executing murderers is inconsistent or ‘’hypocrytical’’ because it amounts to killing someone in order to demonstrate that killing is wrong. Abolitionist premises that it is wrong to kill someone who poses no imminent threat to anyone else. Abolitionists claim that the state should not execute murderers because doing so is inhumane. It is uncivilized for the state to kill someone who poses no imminent threat. According to them, capital punishment is uncivilized, akin to torture. Some abolitionists argue that capital punishment should be abolished because we cannot eliminate the possibility of executing an innocent convict. Execution is irrevocable. Dead people cannot be brought back. Yet, abolitionists do not not favor eliminating incarceration altogether just because innocent convicts languish in prison today. Eliminating incarceration would have disastrous social consequences, whereas eliminating the death penalty would not.
Topic: death-penalty

In criminal law theory, the most important theories are mens area and defense. Standard mens area requirements include intention and recklessness. Culpability, as that term is used here, is a moral notion. It is synonymous with moral fault or moral blameworthiness. Mens area is not sufficient for culpability—even intentional killings are sometimes excused. —culpability may presuppose at least some element of mens rea (Stanford Encyclopedia). Every criminal statue has a conduct element, but conduct is not usually enough to get one convicted of a crime. Some elements, including conduct elements, must be accompanied by a culpable mental state. This requirement is historically referred to as the guilty mind or mens rea requirement. Modern statutes specify mental states with respect to each element of the crime. The three mental states are purpose, knowledge, and recklessness (Brand p.155).
Topic: death-penalty

Regarding defense theory, we have already seen that, for some, we are criminally responsible for committing offences and criminally liable for committing crimes. This distinction relies on a further distinction between offences and defences: crimes are committed by those who satisfy all the elements of an offence, without satisfying all the elements of any available defence. Offence elements must be proved if conviction is to be the legally correct verdict of the court (Stanford Encyclopedia). Brand claims that Inchoate offenses constitute incomplete parts of complete offenses. The most familiar inchoate offense is attempt (he acts with the purpose of achieving a forbidden result), solicitation (encourage someone else to commit a crime) and conspiracy (forming an agreement with another person or persons to commit a crime).
Topic: death-penalty

According to David Dow, the similarity of these death row inmates was that most came from a tough environment. Most of the death row inmates grew up in dysfunctional families and came from dysfunctional families. In most cases, this consisted of witnessing a divorce or split between parents, or the father not being present in the child’s life. As David Dow mentioned his client, a young boy named Will, who was raised by a single mother who had a mental illness, and who also threatened to kill him.
Topic: death-penalty

I can’t relate to this situation, but from witnessing single mothers, I know it’s not easy for most to have to raise a child on their own. Furthermore, having a mental illness on top of that makes it even harder, and hurts the child. Usually, children who come from a troubled background end up in adoption homes, foster care, or forced to live on their own. I’m not implying that females aren’t negatively affected by this, but it happens more so with males; particularly African American males.
Topic: death-penalty

He suggests if we intervene in some type of way and come up with some possible strategies for motivating these inmates to do right, then these crimes can be prevented. For instance, as Dow mentioned, investing money into fulfilling the economic needs of those kids who are financially unstable or troubled. Special dangerous schools for disadvantaged kids are very much needed, providing schools that are made just for kids who come from a troubled childhood and have financial issues, or those practically left no choice but to live on their own and can’t provide for themselves. Dow also mentioned stepping into dangerous situations and removing that child before things get worse. He stated that this would be considered ‘’controversial’’ because this is usually something, the typical person would not do. In society today, we are very much aware of the bad things that are happening around us but aren’t brave enough or care as much to intervene, if it means saving someone’s life. As Dow said, it is going to take society to work together towards making these things happen such as taxpayers, policymakers, lawyers, judges, citizens and so much more. Lastly, Dow made a good point regarding how these solutions can be beneficial economically. He’s implying that in society putting forth the effort to invest money into helping those who are disadvantaged, the cost is less. However, it cost more to punish those who commit violent crimes. homes nevertheless, if we had played a role in helping; at least, some of those crimes could’ve been prevented.
Topic: death-penalty

Yes, I believe this makes perfect sense and I honestly never looked at it from that perspective. I do know that the majority of troubled kids are most likely to be punished, sent to jail, or a detention center, but not more so anywhere they can receive some help and guidance. However, these resources are most likely to be available a lot more than better solutions for the problems these kids may have. David Dow’s message was very inspiring and challenging and requires a lot of working together for a positive cause. Because as Dow stated if someone attempted to remove a child from a dangerous environment, where can that child go if the resources aren’t provided? Furthermore, considering these solutions may be challenging for those who find it difficult to see a supposed criminal as being a victim; if they had received the help they needed.
Topic: death-penalty

There is a large number of different defense mechanisms, the ones that are going to be discussed are repression, denial, projection, and displacement. Repression is a mechanism brought on by the ego, it is unconscious, and it keeps unsettle thoughts from being conscious. Denial is when an individual refuses to accept the truth about a situation. For example, if a situation is too overwhelming, a person will start blocking awareness of events around them. Projection, “involves individuals attributing their thoughts, feeling, and motives to another person” (McLeod, 2017, 1).
Topic: death-penalty

A day treatment center is a type of alternative sentencing that gives someone the chance of rehabilitation without being inside a jail or prison. “Qualifications for these programs include a non-violent drug offense, no criminal record, completion of an evaluation, and demonstration of a motivation to change” (Rehab.com, n.d., para 1). Advantages of day treatment programs include: it is cost-effective and saves taxpayers money, offenders can remain in the community and work, and does not clog up the court with drug cases.
Topic: death-penalty

Conformists follow the rules of society. Innovators want the same thing as conformists but use illegitimate ways to achieve goals. They are more likely to be criminals. Ritualism means legitimately attaining goals but, stopping trying to achieve them. For example, staying at a dead-end job. Retreatism include individuals who do not care about goals and going about attaining them. Finally, in rebellion, rebels reject cultural goals and accepted ways of attaining those goals. They, instead, organize new goals and new ways of reaching these goals.
Topic: death-penalty

This is offered to offenders that appear to show little or no threat to the community. Rehabilitation is the process of re-entering a convicted offender into society. The goal of rehabilitation is to restore an offender to normal health and life through therapy and training. Finally, probation is the most common form of sentencing today. Probation is a sentence served under supervision in the community. Probation allows an individual to continue working or school and maintain ties with the family and community.
Topic: death-penalty

“The rights of inmates include the following: the right to humane facilities and conditions, the right to be free from sexual crimes, the right to express condition complaints, the right to assert their rights under the Americans with Disabilities Act, the right to appropriate mental health care, the right to a hearing if they are to be moved to a mental health facility” (FindLaw, n.d., para 1). When an individual is incarcerated, they lose most of their rights. For example, the right to privacy. However, inmates still maintain some rights protected under the 1st, 8th, and 14th Amendments. Inmates retain the right to free speech (1st Amendment) but, it cannot interfere with their status as an inmate. (HG.org, n.d., para 8). Next, inmates are free from cruel and unusual punishment under the 8th Amendment. Finally, inmates are protected against discrimination under the 14th Amendment. This includes discrimination based on sex, race, age, etc.
Topic: death-penalty

In Furman v. Georgia the issue in this case as, in this case, if the death penalty constituted cruel and unusual punishment, violating the 8th and 14th Amendments. The court decided that the death penalty in this case did violate the amendments. The issue in Gregg v. Georgia is the also asking if the death sentencing is violating the 8th and 14th Amendments however, it was concluded it did not violate the amendments. In McClesky v. Kemp, a study was done to see if the sentence violated the 8th and 14th Amendments. It was found that there was no constitutional violation. In Ford v. Wainwright, the issues were to see if the 8th Amendment of cruel and unusual punishment was violated and if due process under the 14th Amendment was violated. The court found that both of these amendments were in fact violated. Next, in Thompon v. Oklahoma, the issue here to if an execution of a 15-year-old, convicted of murder, violated the 8th Amendment. It was concluded that the execution of a person under 16-years-old did violate the 8th Amendment. In Standford v Kentucky, the issue was if the death sentence for a capital convicted offender under 18-years-old violated the 8th Amendment. It was found it did not violate the amendment. Finally, in Kennedy v. Louisiana, the issue was if the 8th Amendment was violated for a punishment of a death sentence for an offender convicted of child rape. It was concluded the 8th Amendment was violated.
Topic: death-penalty

The Pains of Imprisonment was brought forth after a close study of a maximum-security prison. “For Sykes, the pains of imprisonment are the deprivations of liberty, goods and services, heterosexual relationships, autonomy, and security” (Scott, n.d., 1). Inmates face frustrating conditions because of the deprivations they face. Furthermore, even if prison conditions improve and it becomes a pleasant environment, the deprivations remain stable.
Topic: death-penalty

Typical information included in a presentence investigation report includes the charge, personal history of the offender, social/emotional status, criminal record, and an elevation of the offender. The charge is going to describe the current issue on why this offender got arrested. Personal history is going to include family information and education. The social/emotional status is going to describe the offender’s current state of mind. The criminal record is going to include previous juvenile charges and adult records. The elevation includes the probation officer’s assessment of the offender.
Topic: death-penalty

Senators are human beings too and our human nature is to seek approval and to be recognized by the public. “We prefer praise to abuse, popularity to contempt.” In other words, we would rather support ideas and actions that the majority of people have taken to follow the status quo than pursue our real thoughts and course of action because it is deemed unpopular. We have been ignoring our true meaning so we won’t endure the backlash from those around us, if we give in to the popular opinion we as a society cannot move forward.
Topic: death-penalty

If the politician’s act of political courage has no support from their party and their followers or supports the opposing party it can result in a major conflict, contradicting themselves, and halt further acts of political courage. For example, “We have criticized those who have followed the crowd and at the same time criticized those who defied it.” As a member of the public and not a politician, I can say that the people cannot fully understand the responsibility of Senators and the difficulty it must be to compromise to satisfy the public as a whole.
Topic: death-penalty

The following men have brought light to the overshadowed meaning of political courage. He is known as “Mr. Republican” the reason why I choose him was that on more than one occasion he chose to speak out in defense of a topic no politician with his ambitions would have come from a Republican. Robert A. Taft is described as a man who “Was known in the Senate who never broke an agreement, who never compromised his deep-felt Republican principles, who never practiced political deception.” Even though his actions did not change history it was courageous because he spoke out when no other Republican did so. After all, it was the right thing to do. In October 0f 1946, Taft who was known to speak his mind would have guarded his tongue during this time because of how drastic this issue was, refusing to keep silent on this issue proved that he stood by his morals and The Constitution. During this time the United States Supreme Court was deciding on a life in prison or the death penalty for ten Nuremberg Nazis. Taft endured a large amount of hatred from the public since the death penalty was expected for people like Nazis. In life, we have multiple viewpoints, and I Believe that Taft’s course of action was to influence the public to not seek vengeance by responding to hate with more hate. Taft does exemplify political courage because, in a tough situation like the presidential election, he decided to stick to his morals and his beliefs as a Republican to stand by the United States Constitution and be a spokesperson not to Americans, but our enemies. The governments shall not have the right to pick and choose which laws to enforce especially in a dilemma such as Nuremberg Nazis. He risked, and lost the election but continued to be respected among other political faces.
Topic: death-penalty

He reaches out in our time of need. In the case of the quote, charity is reaching out to a traveler who has been wounded or attacked. The oil, God’s saving power in the name of charity, is healing the wounds of the traveler. I believe that Frederic Ozanam is emphasizing our duty as Christians to be Samaritans. Samaritans are people who give without seeking anything in return, which is hard to do now in our material world. Samaritans reach out and help a person whether a stranger in passing, a friend, or even a foe.
Topic: death-penalty

In my case, a Samaritan is someone who holds a door for a mere stranger, a person who gives their shoulder for their friend to cry on, or even simply uses her smile to brighten up this dark world of hatred, anger, and injustice. The quote, mentions justice’s role in the attack. Justice is supposed to prevent the attack. To me, it means it is supposed to prevent the next one, and the next one after that.
Topic: death-penalty

A culture is a way of life. It can play a huge role in how a person sees themselves, or who they believe they are supposed to be. Many cultures have beliefs and experiences that are shared from generation to generation. As these beliefs and experiences are passed down, narratives start to form. Individuals get to create stories that reveal their collective selves. They reveal their inner truths, beliefs, and hopes. These truths, beliefs, and hopes can reveal values that a specific culture stands by, and lives by. Without them, the culture would not be what it is today or what it will be tomorrow because every culture evolves, and every culture changes somehow. The thing that doesn’t change, however, is its embedded values and beliefs that stem from past experiences. Our past experiences can be revealed and shared through these narratives. Without these narratives, the past can be forgotten, or its truth can be mistakenly altered. A culture and its people could be mistakenly guided by false truths, beliefs, and hopes, simply due to a false narrative or no narrative at all. Overall, people and cultures need to create narratives from their experiences to learn, grow, and help themselves and others become their true selves fostered from true beliefs.
Topic: death-penalty

The death penalty is a complex issue in today’s society. It violates everything I believe in, everything Christianity calls for. As human beings crafted by God, we must value and protect all of his creation, including those who seem undeserving of it. The causes of the death penalty can be found in our social environment. Our social environment created the death penalty and is held up by an imperfect system. It is the breeding ground for racism and discrimination that many of the offenders face in their cases. Some people believe that the laws, amendments, the habeas corpus, the jury, and even the Supreme Court can fully protect an individual under the full extent of the law. I do not believe so. It has been found in many cases that the wealthy and privileged escape the effects of the death penalty while the unprivileged and poor do not.
Topic: death-penalty

To systematically solve this issue, we first must educate the public by using real credible sources like statistics, reports, figures, and trends to ultimately advocate and campaign to end the death penalty. We then must hold account other countries that support the death penalty, making a stance that is in the way of evolving principles. We must be healers like Christ, not people who feel as though we have the right to take another’s life. I will leave you with one question, What if they were not guilty of the crime they were accused of?”
Topic: death-penalty

The life of the criminal law begins with criminalization. We are not invited to commit crimes—like murder, or driving uninsured—just as long as we willingly take the prescribed legal consequences. As far as the law is concerned, criminal conduct is to be avoided (Stanford Encyclopedia). Lawmakers must create sentencing schedules that assign each type of crime a particular sentence or range of sentences. After conviction, convicts are sentenced by sentencing authorities (usually courts), within the bounds of the sentencing schedule.
Topic: death-penalty

The first punishment case that we examine is McCleskey, who was a man who robbed a furniture store and killed a white police officer during the robbery. In making its decision on whether to impose the death sentence, the jury considered the aggravating circumstances and mitigating circumstances surrounding the crime: Under GA law, in the penalty phase of the trial, the jury could not consider imposing the death penalty, unless it found, beyond a reasonable doubt, that the murder was accompanied by at least one aggravating circumstance.
Topic: death-penalty

The jury found that the killing had been accompanied by two aggravating circumstances: 1) The murder was committed during an armed robbery, and 2) a law enforcement officer had been killed in the performance of his duties. McCleskey offered no mitigating evidence and the jury recommended that McCleskey be sentenced to death. McCleskey appealed claiming, amongst other things, that the GA capital sentencing process is administered in a racially discriminatory manner in violation of the 8th and 14th Amendments to the United States.
Topic: death-penalty

He claims that the GA’s capital punishment law violates the 14th Amendment’s Equal Protection Clause: He argues that race has infected the administration of GA’s statute in two ways: (1) Persons who murder Whites are more likely to be sentenced to death than persons who murder Blacks, and (2) Black murderers are more likely to be sentenced to death than white murderers. The brand claims that the Death penalty in the US is presently unjust because racial factors influence the behavior of prosecutors and juries. The documented effects show that many jurors and prosecutors treat defendants differently because of race. In the United States, black murderers are more likely to be executed than white murderers. Many abolitionists contend that justice requires a moratorium on the death penalty in the US until the states can offer reasonable assurances that racial factors will no longer influence capital sentencing. Justice does not require the state to institute a moratorium on the death penalty just because some actors within the system are racially biased.
Topic: death-penalty

Another similar death penalty case was Roper v. Simon trial. In the Supreme Court, there are arguments about the rights and wrong during this case when it comes to murder, and when you are under age even if you plan it out you are sure to get away with it because of the Eighth and the Fourteenth Amendments under the Constitution of the United States. The case of Roper v. Simmons posed an essential question: is it possible for one to receive the death penalty for a crime committed as a juvenile? Is it unconstitutional to take the life of someone under the age of 18 if they committed a murder?
Topic: death-penalty

In 2002 however, this case was taken to the sconsequentialisupreme court. As the defendant, Christopher Simmons fought for his life being executed as a result of his murder. His reason is, that since he did perform this action whilst he was 17, his execution will be considered cruel and unusual punishment under the Eighth Amendment, That has the outcome for the courts to reconsider his case, resulting in the U.S Supreme Court setting aside his death sentence.
Topic: death-penalty

Retributivist retentionists argue that someone who does not respect the lives of others has waived his consequentialist right to life and deserves to die. Executing him is, at least, morally permissible. Some retributivists claim that nothing short of execution suffices to give killers what they deserve. A consequentalist supports capital punishment only if she believes that it has more good effects than bad. All consequentialists accept incapacitation. They believe that execution has some bad effects (on the convict and any loved ones) and they believe that nothing less than protecting others from violence can outweigh such bad effects. Executing murderers is inconsistent or ‘’hypocritical’’ because it amounts to killing someone to demonstrate that killing is wrong. Abolitionists premises that it is wrong to kill someone who poses no imminent threat to anyone else. Abolitionists claim that the state should not execute murderers because doing so is inhumane. It is uncivilized for the state to kill someone who poses no imminent threat. According to them, capital punishment is uncivilized, akin to torture. Some abolitionists argue that capital punishment should be abolished because we cannot eliminate the possibility of executing an innocent convict. Execution is irrevocable. Dead people cannot be brought back. Yet, abolitionists do not not favor eliminating incarceration’sincarceration just because innocent convicts languish in prison today. Eliminating incarceration would have disastrous social consequences, whereas eliminating the death penalty would not.
Topic: death-penalty

In criminal law theory, the most important theories are men’s area and defense. Standard men’s area requirements include intention and recklessness. Culpability, as that term is used here, is a moral notion. It is synonymous with moral fault or moral blameworthiness. Men’sstatutemen’s area is not sufficient for culpability—even intentional killings are sometimes excused. —culpability may presuppose at least some element of men’sstatutemen’sconcerning rea (Stanford Encyclopedia). Every criminal statue has a conduct element, but conduct is not usually enough to get one convicted of a crime. Some elements, including conduct elements, must be accompanied by a culpable mental state. This requirement is historically referred to as the guilty mind or mens rea requirement. Modern statutes specify mental states concerning each element of the crime. The three mental states are purpose, knowledge, and recklessness (Brand p.155).
Topic: death-penalty

Regarding defense theory, we have already seen that, for some, we are criminally responsible for committing offences and criminally liable for committing crimes. This distinction relies on a further distinction between offencesoffensesoffensesdefenses and defenses: crimes are committed by those who satisfy all the elements of an offense, without satisfying all the elements of any avadefenseOffensethe defense. OffenceoffensesOffense elements must be proved if the conviction is to be the legally correct verdict of the court (Stanford EncyclopeThe Brandan dia). The brandan achieve encouraging claims that Inchoate offenses constitute incomplete parts of complete offenses. The most familiar inchoate offense is attempt (he acts to achieveencouraging, a forbidden result), solicitation (encourage someone else to commit a crime), achieves and conspiracy (forming an agreement with another person or persons to commit a crime).
Topic: death-penalty

” (Encyclopedia Britannica 809). This means for a criminal to be sentenced to death, the court must be fair in all mannerisms towards the criminal and in the sentencing. “In 1608 the first recorded execution in the new colonies occurred in the Jamestown colony of Virginia. Captain George Kendall [who was accused of being a spy)…In 1632 Jane Champion…became the first woman to be put to death [for the killings of her masters children].” (Rein 1). This shows that people back then were determined to have a safe environment to live in. Since the beginning of the use of capital punishment there have been many various forms of execution that was used. The forms that have remained though are; hanging, firing squad, lethal injection, gas chamber and electrocution. Some argue that these forms of execution violate the eight amendment, but do they really? If one looks at in the way the victim of the killer died then compared to that, lethal injection sounds fairly kind. Not all states endorse the methods of capital punishment and not all states support it.