Mccleskey V. Kemp

Topics: Death Penalty, Crime, Supreme Court of the United States Pages: 3 (1054 words) Published: January 10, 2013
Suzette Guijosa
US History
Research Paper

When a person is found guilty of murder and they are given the death penalty, and later it is found that the person is innocent, you cannot correct it and bring them back to life. Is that justice? Every day in school we recite the pledge of allegiance and it states that we have justice for all but did Warren McCleskey receive the right justice? In the Preamble of the Constitution, the first thing it states is to establish justice. The Declaration of Independence states that all men are created equal and they have the rights to Life, Liberty, and the Pursuit of Happiness. Warren McCleskey received the death penalty after he was convicted of murder and the Supreme Court reviewed the case to figure out the proper sentence for Mr. McCleskey. “The death penalty is the sentence of execution for murder and some other capital (serious crimes, especially murder, which are punishable by death). The death penalty, or capital punishment, may be prescribed by Congress or any state legislature for murder and other capital crimes.” (Death Penalty Law Law & Legal Definition.) “The first recorded execution in the new colonies was that of Captain George Kendall in the Jamestown colony of Virginia in 1608. Kendall was executed for being a spy for Spain” (DPIC, 1). Capital Punishment existed in the colonies since the founding of Jamestown. It has been part of our society since it was founded. The death penalty goes back to the 18th century B.C. Britain established the first death penalty laws. People would receive capital punishment for simple things like cutting down trees, stealing grapes and killing chickens. Warren McCleskey was tried and convicted for murder in the Superior Court of Fulton County, Georgia, on October 12, 1978 and received the death penalty for his crimes.

Warren McCleskey was charged with two armed robberies and the killing of Officer Frank Schlatt. He received the death penalty. “McCleskey’s claim...
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