Introduction
For any country to maintain order among its people and within the borders, use of distinct policies and legislature are inevitable. Formulation of law relies on the values, culture, beliefs, and perception of the demographic involved among other factors. Individuals of the country in question are expected to follow and adhere to the implemented laws to the latter. Failure to the adherence of laws and policies implemented, offenders attract a defined consequence to their actions. From payment of fines, to serving jail terms, the magnitude of the offence determines the punishment accrued. Capital punishment is considered the most harsh and highest penalty that an offender’s acts can attract. Also referred to as the Death penalty, capital punishment is legal in the United States backing to the commencement of the colonies of America. Currently, thirty states apply capital punishment to individuals who are proven guilty of crimes like murder, drug trafficking, and treason among other serious atrocities (LII,n.d.). There have been a lot of controversies surrounding the capital punishment considering that some of the Bills of Rights protect individuals from such consequences. On the contrary, the American constitution has the authority to protect both its citizens and the country from crimes that are severe and costly.
Recent Supreme Court Capital Punishment Decision
As observed earlier, the capital punishment has created immense controversies amongst legislatures, the jury and the citizens. A decision made by the Supreme Court on the Death Penalty vetoed an inmate’s request to face the capital punishment by use of a different method other than the lethal injection. Russell Bucklew death row inmate was convicted of kidnapping, rape, and murder. Bucklew requested the jury to use an alternative method in taking his life because he had a medical condition that would course pain during the procedure if the lethal injection were used. In support of Buckler’s request, the ‘Eighth Amendment’ under the United States Constitution prohibits the federal government from imposing “Cruel and Unusual Punishments” on criminal defendants (Stevenson & Stinneford, n.d.). From the Supreme Court’s jury decision was of 5 - 4, with the majority ruling against Bucklew’s request. From a report compiled by Justice Neil Gorsuch on behalf of the majority, the method proposed by Russell Bucklew was the use of Nitrogen gas (Buckler v. Pecythe, 2019). Lethal injection being the all-time method used in death penalty, a change to Nitrogen gas would not guarantee ‘success’ since it is uncommon and has never been used before. On the other hand, according to the majority, Bucklew has been on the death row for twenty years, hence owed his victims and the country a fair trial of accomplishing his sentence.
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As elaborated by Nina Totenberg (2019), the ‘Eighth Amendment’ on the American Constitution indicates: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” According to Bucklew’s case the focus was not more on the clause ‘nor use of cruel and unusual punishment inflict’ of the ‘Eighth Amendment’ (Buckler v. Pecythe, 2019). Considering that the Death Penalty was legal and acceptable under the American Constitution, it is not unusual practice and therefore did not qualify to meet the demands of the ‘Eighth Amendment.’
Arguments Against and in Favor of the Capital Punishment
As observed earlier, there is need for order in any country and a common practice is the use of law and policies that attract punishment if not followed keenly. Most of the arguments in favor and against the death penalty make use of the clauses in the United States Constitution. Some significant arguments that favor the practice of capital punishment are based on the human rights. For instance, supporters of the punishment argue that an offender, who kills another fellow being, has indicated the act of giving up on their human rights of both him/her and that of the victim. In addition, the offenders have also violated their own rights of being alive. As a result, the constitution requires that such individuals face the same path as that of their victims as a practice of fairness. Other supporters argue with fact that, there is need to hinder possible homicide from happening in future by executing currently murderers. Executing a murderer will not only deter them from repeating the same crime, but also warn other murderers of their fate.
Contrary to the arguments of the Capital Punishment support, it is oblivious that some individuals including family members of the victims of murder stand against the rule. As mentioned earlier, both the support and opposition of the penalty base their arguments on the Constitution. In opposition of the death penalty, it is indicated that the rule goes against the ‘Right to Life,’ which is the most basic human right. On the other hand, the use of lethal injection and electrocution also violets the ‘Eighth Amendment’ because of the cruelty and pain experienced during the exercise. While the main aim of the penalty is to ensure cases of homicide and high class crimes are reduced, there are no reports showing positive impact of the punishment since its implementation.
Own Opinion
The Capital Punishment should only be applied to repeat offenders. Families of victims of murder oppose the penalty with the argument that it does not help them in seeing their loved ones again. On the other hand, the lives of the executed goes to waste while they could be involved in improvement programs while serving a term. The government should heighten security as a deterrence measure of crimes like murder to protect the Rights of Life of both possible victims and offenders.
Conclusion
The use of any penalty to offenders should focus on hindering occurrences of similar crimes in future. On the other hand, despite the controversies the penalty faces, it is relevant for the government to make use of Constitutional clauses that enable the Supreme Court to make relevant and just decisions. While the Capital Punishment is dreaded by many, it has not helped in handling crimes like murder, drug trafficking, and rape which are on the rise.
References
Bucklew V. Precythe, Director, Missouri Department of Corrections, et al., 17 - 8151 (Supreme Court of The United States November 6, 2019).
Legal Information Institute (LII). (n.d.). Death Penalty . Retrieved May 6, 2019, from Cornell Law School: https://www.law.cornell.edu/wex/death_penalty
Stevenson, B. A., & Stinneford, J. F. (n.d.). Common Interpretation: The Eighth Amendment . Retrieved May 6, 2019, from Constitution Centre: https://constitutioncenter.org/interactive-constitution/amendments/amendment-viii
Totenberg, N. (2019, April 1). Supreme Court Closely Divides On 'Cruel And Unusual' Death Penalty Case . Retrieved May 6, 2019, from npr: https://www.npr.org/2019/04/01/708729884/supreme-court-rules-against-death-row-inmate-who-appealed-execution
