The Death Penalty: Pros and Cons

Barry, Kevin M. "The Death Penalty and the Fundamental Right to Life."

Boston College Law Review

Death Penalty has contributed to different debates and perceptions due to the lack of a substantial address by the Supreme Court for over forty years. The protection of fundamental rights is at stake with the continued use of the death penalty. Capital punishment goes against the 8 th Amendment, as Kevin Barry observes. The article focusses on fundamental rights violations through the application of the death penalty as a punishment to criminals. The author addresses lawmakers and legal administration as an approach to refuting the death penalty and its challenges. He argues that the death penalty gears towards retribution but not a punishment to criminals. The author further provides an essential counterargument that the abolition of the death penalty in some states corresponds to the right to life legal perception stated in the Fifth Amendment. The fact that the source provides an in-depth description of issues of the death penalty will aid me in comprehensive research. Also, the application of real-life examples and qualifications of the author shows its relevance to this study.

Binder, GuyorA, et al. "Unusual: The Death Penalty for Inadvertent Killing."

Indiana Law Journal

Many states and legal administration fails to consider the mental state of a criminal accused of reckless behavior leading to murder. Legal systems dealing with eighth amendment cases have been at the forefront of seeking the mental state of an individual suspected of a felony involving killing. However, the jurisprudence has failed to focus on the culpability need for the execution of an actual felon. The article addresses legal administrations and states who practice the death penalty to consider eighth amendment norms against executing a definite killer who lacks culpability of the mental state towards the act. The authors use the survey method to collect data on t he pertinent homicide and sentencing laws on the fifty-three jurisdictions, mainly in the U.S. The author also apply the facts of the execution for the last 45 years. They conclude that the death penalty is unconstitutional. The publication of their report on Indiana Law Journal websites contributes to its relevance and qualification as a research report on matters law. I plan to investigate the unconstitutionality of the death penalty in the U.S. due to an in-depth description of the process of capital punishment and its effects on society using this report 

Blocher, Joseph. "The Death Penalty And The Fifth Amendment [Dagger]."

Northwestern University Law Review

The latest developments concerning the death penalty debate, whether the supreme court can transition it has contributed to optimism among anti-capital punishments. However, the insistence on the death penalty among pro-capital punishments is an obstruction towards its abolition in the United States of America. They argue that the fifth Amendment contemplates capital punishment and gives the legal jury the right to prosecution regarding the evidence collected on a case. The article dwells on the need for a transition in legal systems that promote the death penalty and direct the plea to legal jurisdiction. The author asserts that the Fifth Amendment is an obstruction towards change in perception and action against capital punishment due to its stipulation in the constitution. Proquest is one of the relevant academic sites. The report is appropriate and approved due to its publication in Proquest. The source will aid in an in-depth analysis of the Fifth Amendment and its relationship with the death penalty in present societies.

Cheng, Jesse. "Humanity's Subtensions: Culture Theory in U.S. Death Penalty Mitigation." Social Analysis , vol. 61, no. 3, 2017, pp. 73-90 . ProQuest , https://search-proquest-com.libaccess.hccs.edu/docview/1969774113?accountid=7036 , 

The United States of America criminal law applies conceptual definitiveness in the process of seeking solutions to criminal cases. The inclusion of the anthropological approach to the description of criminal law requirements and issues are the centre focus. The article focusses on the failure to apply conceptual definitiveness in the process of execution of criminals through the death penalty. The author further concentrates on capital defenders application of the culture theory to explain the quality and quatity operation of subtension. It addresses the legal system personnel and the entire society that has a different perception of the death penalty and its origin in ther United States of America. The article will act as a platform for comprehensive research on the history of criminal law in the United States of America. Jesse Cheng is one of the most decorated lawyers who has worked with Micrrosoft and EMC. His vast knowledge in law contributes to the relevance of this article to the study of criminal law and the death penalty.