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Flaws of the Death Penalty

Capital Punishment has been part of the criminal justice system since the earliest of times. The Babylonian Hammurabi Code(ca. 1700 B.C.) decreed death for crimes as minor as the fraudulent sale of beer(Flanders 3). Egyptians could be put to death for disclosing the location of sacred burial sites(Flanders 3). However, in recent times opponents have shown the death penalty to be racist, barbaric, and in violation with the United States Constitution as "...cruel and unusual punishment." In this country,although laws governing the application of the death penalty have undergone many changes since biblical times, the punishment endures, and controversy has never been greater. A prisoner's death wish cannot grant a right not otherwise possessed. Abolitionists maintain that the state has no right to kill anyone. The right to reject life imprisonment and choose death should be respected, but it changes nothing for those who oppose the death at The death penalty is irrational- a fact that should carry considerable weight with rationalists. As Albert Camus pointed out, " Capital punishment....has always been a religious punishment and is


According to a 1987 study, 23 people who were innocent of the crimes for which they were convicted were executed between 1900 and 1985(Long 79). Family of victims repeatedly stated they wanted the murderer to die. A single capital trial now costs millions of dollars. Family and friends of murder victims are further victimized by state killings. Would society allow rape as the penalty for rape or the burning of arsonists' homes as the penalty for arson? The state should never have the power to murder its subjects. Murderers would be quietly and safely put away for life with absolutely no possibility for parole. " Political Analysts believe that when the death penalty becomes an issue in a campaign, the candidate favoring capital punishment almost inevitably will benefit. American society eventually may decide to significantly restrict or even abandon capital punishment. New York, NY: Facts on File, 1991. Since state execution of juveniles also became permissible in the decision cited above, at least five people who were juveniles when their crimes were committed have executed(Long 79). It is almost certain that the rising level of executions will be widely condemned. Clinton couldn't take the chance of being seen by voters as " soft on crime.

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