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Tristan Barajas

Mrs. Moore

English 1301

10 October 2017

Capital Punishment: Death Penalty

Since the beginning of time everyone is told that killing is absolutely unacceptable. As

children, everyone is told that killers are monsters. It is even one of the Ten Commandments -

thou shall not kill, plain as day, in black and white. Also, since the beginning of time, people

have put to death criminals whose crimes are considered unforgivable. Killing, in some cases, is

considered okay; for example, in the case of capital punishment. People who make dreadful

decisions get punished; that is the way the justice system works. There is a consequence for

every action a person makes. In some cases, that consequence is death. This consequence is

called capital punishment and is only meant for the worst of the worst. It has been practiced all

throughout history. Capital punishment has been a topic of endless controversy for many years,

many believe that capital punishment is a suitable punishment for those who deserve it; there are

also just as many who believe that there are multiple things that come into play, interfering with

proper justice being served.

Capital punishment has be around since the beginning. The capital punishment law

actually dates further back than most realize, as far as the Code of Hammurabi, written in the

eighteenth century B.C. to be exact (Stein 3). The colonists emigrated from England, carrying

with them the practice of capital punishment and bringing it to the new world. In England, the

crimes punishable by capital punishment were murder, sodomy, witchcraft, idolatry, blasphemy,

rebellion, manslaughter, and poisoning (Stein 4). Crimes that called for capital punishment in the
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13 colonies varied; every colony had different requirements. The first recorded capital

punishment occurred in the American Colonies in 1608 (Stein 3). Captain George Kendall was

incriminated of being a Spanish spy, because of this actuation he became the first capital

punishment martyr in America. Ultimately, Kendall ended up being executed by a firing squad.

The governor of Virginia enacted capital punishment four years later. In 1790, First Congress

held a meeting to discuss when capital punishment would be an appropriate source of action.

First Congress decided that crimes punishable by capital punishment would be murder, forgery,

robbery, and rape (Stein 4). A year later, First Congress also approved the Eighth Amendment.

Many people think capital punishment was separate from the Eighth Amendment since capital

punishment was so well thought out; some say they would have included it in the amendment

explicitly (Stein 5). With times and beliefs changing, Michigan became the first state to abrogate

capital punishment (Stein 6). Michigan decided to abrogate it for any crime committed other than

treason, in 1847 (Stein 6). Rhode Island, Maine, and Wisconsin followed Michigans example

and did the same; abrogating capital punishment expect for in the crime of treason in the

following years (Stein 6). Although some states have chosen to abolish the practice of capital

punishment, some still believe whole heartedly in the practice. Today, approximately thirty two

states still practice capital punishment, while the other eighteen states have abrogated it. Actually

capital punishment is still quite popular among the general public. Abolitionists are unlikely to

unplug the medicine of death anytime soon (Thaxton 141). With that, the war over capital

punishment carries on.

In the Bill of Rights, Americans are promised a certain protection. This is the protection

of the American people against cruel and or unusual punishment located in the eighth

amendment (Thaxton 140). People against capital punishment contend that the law, even though
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it is permitted by the Constitution, is actually unconstitutional. In the famous court case of

Glossip vs. Gross, Richard Glossip, along with many other capitally condemned inmates, argued

that capital punishment creates an unacceptable risk of severe pain (Thaxton 140). Most

procedures in which capital punishment is carried out, do cause much pain - electric chair, lethal

injection, etc. The Glossip vs. Gross case brought a revived consideration to the constitutionality

of the capital punishment law (Blocher 276). In an opposition joined by Judge Ginsburg, Judge

Breyer established that there were three fundamental constitutional defects with capital

punishment: (1) serious unreliability, (2) arbitrariness in application, and (3) unconscionably

long delays (qtd. in Blocher 276). His findings concluded that the death penalty, in and of

itself, now likely constitutes a legally prohibited cruel and unusual punishment. (qtd. in

Blocher 276). Judge Breyers discovery was the fundamental step to contending that capital

punishment was indeed unconstitutional. His discovery since then, has been justifiably treated

and a significant development in the argument (Blocher 277). Needless to say, Breyers

discovery has conflicted the thoughts and beliefs of many people to this day.

Capital punishment is only meant for criminals who commit heinous crimes, but what if

someone innocent is wrongly convicted and sentenced to death. This is one of the considerable

arguments surrounding capital punishment. The argument is not that far-fetched; incidents like

this happen every day; people are wrongly convicted and are forced to face the consequences of

anothers action. In fact, this exact predicament occurred on September 21, 2011. Two men were

executed, Lawrence Brewer and Troy Davis (Tyner 1083). Although these two men were

executed on the same day, their cases were quite different. Lawrence Brewer affirmed himself

as being a white supremacist and was found guilty of slaughtering an African American man

named James Byrd (Tyner 1083). Brewer admitted that he and two others murdered James Byrd,
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and he showed no remorse for it. He and two acquaintances slit James Byrds throat, chained him

to a pickup truck and then proceeded to drag his body down an isolated country road (Tyner

1084). After committing the abhorrent crime, it was disclosed that Brewer wrote he was no

longer a virgin to murder; it was a rush to kill, and he was licking his lips for more (qtd. in

Tyner 1084). Before his execution day, Brewer was asked if he was contrite; he said he had no

regrets, and if possible, he would do it all over again (qtd. in Tyner 1084). Troy Davis and his

case, on the other hand, was the total opposite from Brewer and his case. Davis was an African

American man who was accused of killing an off duty officer, Officer Mark MacPhail, a white

man (Tyner 1083). Davis, like Brewer, was found guilty and sentenced to death by capital

punishment. Although he was found guilty, Davis continued to proclaim his innocence all

throughout the years leading up to his execution. Davis was executed proclaiming his innocence.

Interesting enough, there was actually no physical evidence tying him to the murder. In fact nine

witnesses testified against him, and seven of them ended up revoking their statements (Tyner

1084). All the aspects in this case invoked an outcry heard from around the world. Public and

political figures, including the Pope, called for clemency, but were not heard (Tyner 1084).

Ultimately, Davis was executed alongside Brewer that fateful September day. The execution of

Davis however, sparked a fire behind this argument against the practice of capital punishment.

Some to this day still wonder if, on September 21, 2011, an innocent man was wrongly executed.

Capital punishment has been practiced since the beginning. Whether it is wrong or right

this argument has split society up into two opposing sides. Many Americans believe that capital

punishment is a suitable punishment for those who deserve it, but there are also just as many who

believe that there are multiple things that come into play interfering with proper justice being

served.
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Works Cited

Blocher, Joseph. "The Death Penalty and the Fifth Amendment." Northwestern University Law

Review, vol. 111, no. 1, 15 Nov. 2016, pp. 275-293. EBSCOhost,

search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=120553778&site=ehost-live.

Stein, Robert A. "The History and Future of Capital Punishment in the United States." San Diego

Law Review, vol. 54, no. 1, Feb/Mar2017, pp. 1-20. EBSCOhost,

search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=123788236&site=ehost-live.

Thaxton, Sherod. "Discipling Death: Assessing and Ameliorating Arbitrariness in Capital

Charging." Arizona State Law Journal, vol. 49, no. 1, Spring2017, pp. 137-221.

EBSCOhost,

search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=124229887&site=ehost-live

Tyner, James A. and Alex R. Colucci. "Bare Life, Dead Labor, and Capital(Ist) Punishment."

ACME: An International E-Journal for Critical Geographies, vol. 14, no. 4, Dec. 2015,

pp. 1083-1099. EBSCOhost,

search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=112027429&site=ehost-live.