Constitutional Death Penalty Pros And Cons

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The Constitutional Death Penalty Kissandra Moore U.S. Constitutional History 556 Douglas A. Dribben Sep. 10, 2012 Arguments over the death penalty always refer back to Amendment V or Amendment VIII regarding due process and cruel and unusual punishment. To understand the use of the death penalty in America, it is important to consider that executions were common prior to the Constitutions framing and that Amendment V recognizes capital crime. The framers were obviously aware of capital punishment and considered capital crimes as they set forth the provisions that would protect those accused. Prohibition of cruel and unusual punishment was also considered, but cruel and unusual punishment is subjective. By not defining cruel and…show more content…
There are more whites than blacks on death row. Each year more whites than blacks are executed. If there was a shocking racial disparity anywhere, it is not in the punishing but in the committing of murder: Blacks comprise only twelve percent of the population, yet fifty percent of all homicides are committed by blacks.” The U.S. Justice Department conducted a study in 2001 on the racial bias of capital punishment. Based on the study of almost nine hundred death penalty cases, the Justice Department found that there was no evidence of racial bias. According to Attorney General John Ashcroft “black and Hispanic defendants were less likely at each stage of the department's review process to be subjected to the death penalty than white defendants," The study found that other factors contributed to what appeared to be racial bias. The factors of geography, differences in state laws, and decisions by state prosecutors explain why the majority of defendants facing death row are minorities. “The study also showed that only nine of the ninety four U.S. attorney districts accounted for about forty three percent of all cases that prosecutors called for the death
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