The Legality and the Processes of the Death Penalty

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Table of Contents

Introduction
Administration of the death penalty in the US
Conclusion
Works Cited

Introduction

America has a tradition of communal justice that has always been influenced by the legal group Since the 1980s. Death penalty has a strong favour as a means of punishment despite efforts by the anti-death penalty group to oppose it (Zimring p.137). In as much as these oppositions claim to be in defence of morals, it is only fair that death penalties be administered to situations that warrant such because this also improves security, safety and prevents the possibility of recurrences in future.

Administration of the death penalty in the US

The process of conviction begins when the police suspect and arrest a person for the suspected crime. This is preceded by the trial for the confirmation whether a victim should be bailed. This is followed by further trials in case of appeal then conviction after which penalty is decided by the judge. This process proves that thorough procedures are followed to prove beyond a reasonable doubt that a suspect is undoubtedly guilty and that this penalty is applicable to them. Most of the American citizens support the death penalty as a mode of punishment because it does not discriminate and considers the degree of crime before justice is pronounced. This opinion is significantly supported by the horrifying incidences that have been reported over the past decades. For instance, the case of Timothy McVeigh who was penalized to death after killing 168 people through a bombing in 1997 is a serious one that deserves death sentence. Such situations create fear among the members that closely interact with these criminals. The presence of such people in the community even when they are done with other forms of a sentence is a threat to the safety. The fact that they tried to inflict pain once makes hard to convince that it would not happen again (Guernsey, p.16). However, death sentence can be waved for victims who murder less than five people as in the case of Capano who murdered Anne Marie Fahey. The sentence was changed from death to life imprisonment. In such cases, it might not be fair to penalize with death, but with mass killings of more than five people then death sentence is not too much to penalise (Guernsey, p.28).

Death sentence is fair for the extreme cases of murder when there is wrong conviction. This should be the first consideration before the death sentence is enforced on a suspect. This is because if it proves to be wrong in the future, then the damage is irreversible and an offence to human rights. Therefore, when all the necessary procedures are followed, and it is proved that the person is guilty as charged, and then punishing to get rid of these awful and brutal crimes for once and for all is advisable. This is because it not only works to punish the crime but also perfectly buries the possibility of that person causing a similar harm in the future.

Conclusion

Death penalty should be practised but only in certain situations like in the case of Timothy McVeigh who saw many people dying. A person who in his right mind commits such a crime may prove to be a threat to peace and safety, therefore, for the sake of this peace; death sentence should be the best form of punishment for them. However, the duration between the time of conviction and the time this penalty is imposed should be as short as possible to ensure that these perpetrators are not subjected to emotional torture by waiting for an unnecessary long duration. This form of punishment is effective because it ensures that such occurrences are minimal in the future and that the peace and safety of citizens is preserved.

Works Cited

Guernsey, Joann B. Death penalty: Fair solution or Moral failure? Minneapolis: Lerner Publishing Group, Inc.2010. Print.

Zimring, Franklin E. The Contradictions of American Capital Punishment. Oxford: Oxford University Press, 2003. Print.

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The Legality and the Processes of the Death Penalty

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