Death penalty is the punishment of execution, administered to someone convicted of a capital crime. It has been an inalienable part of the United States society and its legal system for centuries. According to Amnesty International, May 2012, one hundred thirty people have been released from death rows throughout the country due to evidence of their wrongful convictions (link). The arguments against the death penalty are mainly ethical in their nature, that it is basically wrong to kill a human being in our society; it violates the constitutional right of a human being; and it against many religious beliefs.
            
             For a long time death penalty execution has been thought to be flawed and unfair. There have been cases where sentences have been overturned after being reexamined by the court of law. It has been proven through the case of Gary Graham, who fought for nearly 20 years to overturn his death sentence of being charged with Lambert's murder. Gary Graham was convicted based on the testimony of one eyewitness, Bernadine Skillern, who witnessed the crime while sat in her care from 40 feet away. She failed to identify Graham in a photo, however Graham's photo was the only one fitting her description and she remarked that it might be him. She then identified him as the killer. The jury did not hear evidence that Skillern had failed to identify Graham in her initial review of photos. In fact, she testified that she initially did identify him. The State of Texas executed Gary Graham despite compelling evidence of his innocence and evidence that he did not receive a fair trial. Gary Graham had been wrongfully convicted. How can a society function when the criminal system is so flawed? How can we be so sure that the eyewitness to the murder is telling the truth? The death penalty is presently only used as a punishment for killing a person intentionally. This is in violation of Eighth Amendment, as it says, "Excessive bail shall ...