Cited: Walker, Thomas G. Eligible for Execution: The Story of the Daryl Atkins Case. Washington, D.C.: CQ, 2008. Print.
Cited: Walker, Thomas G. Eligible for Execution: The Story of the Daryl Atkins Case. Washington, D.C.: CQ, 2008. Print.
McCleskey was convicted of murder, by the jury. In the state of Georgia the jury is not allowed to impose, or consider imposing the death penalty unless it is found beyond reasonable doubt that the murder was accompanied by statutory aggravating circumstances. The jury in this case found two aggravating circumstances to exist. They found that the murder was committed during an armed robbery, and that the murder was committed against a peace officer while he was doing his duties. The court agreed with the jury and sentenced McCleskey to death. McCleskey, on many attempts had failed to achieve relief from the Supreme Courts of Georgia on appeals, his writ of certiorari, and a motion for a new trial. This lead McCleskey to file a petition for a writ of habeas corpus in the Federal District Court for the Northern District of Georgia. One of the claims was that the Georgia capital sentencing process is administered in a racially discriminatory manner which violates the Eight and Fourteenth Amendments. In order to support this claim, McCleskey used a statistical study to prove that black defendants who kill white victims are more likely to receive the death sentence in the state.…
Although he uses many examples to expose Capital Punishment’s unethicality, this critique focuses on three; discriminatory sentencing, barbaric application, and the irrevocability of a death sentence. Bedau reasons that one of the motives of the Supreme Court’s ruling that the death penalty was unconstitutional in Furman was due to apparent racial discrimination. Between 1930 and 1976, 455 men were executed for rape. Of those executed, 405 were African American. That is a nearly 90 percent of the executions that took place. As America has become more tolerant, many claim that racial discrimination in death penalty cases is outdated. Bedau thinks it strange then how more than fifty percent of inmates sitting on death row are African American. In addition, Bedau claims that “the application of the death penalty is inhumane.”(Bedau) Hanging, firing squad, electrocution, and gassing are still options available to state executioners when executing an inmate. In recent years, lethal injection has been the method most commonly used in the majority of executions because it is deemed to be painless. However, there is no evidence of this being the case and there have been many instances where injections were botched by breaches in protocol. Bedau lists as most disturbing is the fact that death penalty cases are irrevocable. There have been cases where evidence has emerged, exonerating an inmate…
A Jury found Troy Gregg guilty of committing an armed robbery and murder. In accordance with Georgia law, the trial was in two stages, a guilt stage, and a sentencing stage. At the guilt stage of Georgia's bifurcated procedure, the jury found the petitioner guilty of two accounts armed robbery and murder. At the penalty stage, the judge instructed the jury that it could recommend either a death sentence or a life prison sentence on each count and the jury returned the verdict of death. Challenging his death sentence, Gregg claimed that his capital sentence was "cruel and unusual" punishment, violating the 8th and 14th amendment.…
Similar cases to the Hall v. Florida case include Atkins v. Virginia, Penry v. Lynaugh, and Hitchcock v. Dugger. In the Atkins v. Virginia case Deryl Atkins confessed to the murder of Eric Nesbitt. Atkins was tried and found guilty, and was placed on Death Row. However, a series of IQ tests deemed him mentally retarded, with an IQ of 59. His Death Row sentence was appealed, because it violated the 8th amendment of cruel and unusual punishment. Because of his low IQ score, despite the fact that he was considered fairly intelligent, his could not be sentenced to death. This idea is the same within the Hall v. Florida case. Many states such as Georgia followed this idea that sentencing mentally challenged criminals to death is unconstitutional. In the Penry v. Lynaugh case, Penry was tried, convicted and placed on death row. The court in Texas did not consider his mental retardation a mitigating factor in sentencing him to Death Row. When he was tried for a second time, he was again placed on Death Row. Eventually the Atkins v. Virginia case caused the court to end his death sentence, after proving his sentence a violation of the 8th Amendment. Lastly, in the Hitchcock v. Dugger case, the Supreme Court upheld that the 8th Amendment is in fact constitutional. It was a 9-0 decision to have Hitchcock placed on Death Row, and that all mitigating factors should be considered instead of solely the relevant statutes.…
Every convicted felon waiting on death row costs the American people over nine million dollars yearly to imprison. Such an absurd amount of money should be spent on the rehabilitation of these troubled individuals rather than in prolonging their lives only for their own demise. Before reverting to the early philosophy of Hammurabi “an eye for an eye” America should look to its own foundation, the constitution, as well as compare the costs and benefits of such a policy being legal. Despite enormous protections offered by the federal and states constitutions throughout the United States, many people have been executed in spite of evidence of their innocence. When capital punishment is concerned, most Americans believe our criminal system is close to infallible. Many assume that if factual errors do occur at trial, they will be discovered and corrected by higher courts. People believe that the innocent are rarely wrongly convicted and they are certainly not executed. Unfortunately, there is a large numbers of innocents people who…
Capital punishment should be viewed as the stripping away of humanity from a person. The death penalty itself should be "executed" because of racial inequities, the concept of murder, the possibility of error, lack of deterrence, the cost, and an overwhelmed legal system. "The goal of capital punishment is revenge" (Introduction 1). Capital punishment is simply an outlet for the bloodlust of the American people (Introduction 1).…
Because the jury issues but a mere advisory opinion and not binding upon the court, Florida’s sentencing scheme must be unconstitutional. Florida’s statute requires that a court imposing the death sentence must make a written, detailed finding. This detailed account—not the jury’s verdict—that furnishes the basis for the Supreme Court of Florida’s review. Respondent’s rely on Hildwin (1989 case that permits the judge to find aggravating circumstances that authorize the death sentence) because it has not been expressly overruled. The ideas and principles in Hildwin were thrown out with Walton, clarified in Ring, and expressly overrule today.…
The purpose of this paper will be to examine the extent in which capital punishment is allowed in the United States. Since early colonial America, the death penalty has been a major issue of debate among the public. Highly contested topics, beginning with the questionable morality of such a punishment and growing into more sophisticated arguments relating to the Eighth Amendment and race, have led to numerous United States Supreme Court cases looking to determine the extent in which capital punishment could be used in the United States.…
There is a thing known as a jury trial process that is supposed to happen in every jury trial case. Although, not followed perfectly in the jury trial of Carl Lee it is followed pretty well for a movie. The jury trial process is as follows; a crime is commited, an investigation is conducted, a warrant is issued, then the arrest is made, once arrested the criminal is booked, then they have their bail hearing. Following the bail hearing the preliminary arraignment happens these are when the informal charges are presented, after that comes the preliminary hearing this is where the court reviews the evidence to make sure there is enough evidence for a case to occur. If there is enough evidence they move on to the formal indictment where the…
The last stage of a criminal trial is known as sentencing. During sentencing the convening authority over the criminal court proceedings makes a determination of how the guilty party should be punished. Prior to that determination being made both the defense attorneys and prosecutors may make their arguments as to why or why not the defendant should be punished to the fullest of the law. The judge taking these arguments into consideration makes his or her decision on what type sentence to hand down. While the main goal is to punish those that are found guilty there are five sentencing rationales in use in the American criminal justice system. These rationales are retribution, deterrence, rehabilitation, restoration, and incapacitation. In the case of State v. Stu Dents, the judge will use the rationales of rehabilitation and incapacitation. The defense and prosecutors will make their arguments and propose the type of sentence Mr. Dents should receive which in turn will protect him and society.…
ProCon.Org. (2009, January 1). Should the death penalty be used for retribution? Retrieved October 24, 2011, from http://deathpenatly.procon.org/view.answers.php?questionID=001004: http://deathpenatly.procon.org/view.answers.php?questionID=001004…
Hansen, M. (1993). Death penalty system in turmoil. ABA Journal, 79, 32-32. Retrieved from http://search.proquest.com/docview/194351577?accountid=34544…
My view upon death penalty before watching the video about Darryl hunt’s case, was strongly against it. I truly believe that we have no say in who is to take someone’s life. Who are we to decide who lives or dies? There is no standard that we can place on someone’s life, to determine their existence in this world. Life is a precious gift, no matter how cruel the crime may be that the person being accused of committing the crime. I strongly believe that incarceration for the reminder of their life is in my view, the most extreme decision as a society to make in determining an individuals future.…
With reference to your article, three studies that have attempted to empirically assess the concepts of “suitably directed” and “minimization of risk” are John Donohue’s 1973-2007 study of capital sentencing in Connecticut, David McCord’s study using the “depravity point calculator,” and David Baldus’s split study in 1973 and 1979 on the examination of the influence of race on death penalty decisions in Georgia. According to your article, Donohue’s study identified 205 potentially death eligible murders in the state. Donohue coded and calculated for factors that might have “influenced jurors, such as the victim’s suffering, the defendant’s motive, the number of victims, and mitigating factors, such as mental illness or impairment.” The results…
The Eighth Amendment: It prohibits excessive bail and cruel and unusual punishment. In the case of Atkins v. Virginia, the facts brought to the court was that the defendant, Daryl Atkins was tried for capital murder and sentenced to death for the shooting of a victim named Eric Nesbitt. Atkins had been smoking and drinking all day before he decided to walk to a convenient store and hold Nesbitt at gun point, upon Daryl’s dissatisfaction with the money he took, he kidnaped Nesbitt, taking him to an ATM to with drawl 200 dollars, along with a friend named William Jones, in Nesbitt’s car. When Daryl was satisfied with the money taken, he further continued his violence by driving Nesbitt to an isolated area, forcing him out of the vehicle, and then shot Nesbitt eight times killing him.…