Capital Punishment Regarding the U.S Constitution

The rise of delinquencies in the U.S sparked the need for amendments in the constitution in the quest to curb the problem. The U.S constitution is mandated to consider human rights when imposing penalties regarding offences. The deterrence theory has been used in implementing policies to curb the spread of crimes in the society. Ideally, deterrence theory posits that crimes with strict penalties are rarely committed compared to those with less strict regulations. This analogy has fueled the inception of capital punishment to control dangerous crimes in the society. In essence, capital punishment is regarded as the execution of lawbreakers who are condemned to demise after court of law’s conviction. In the U.S, death penalty can be replaced with life imprisonment. This study explores on capital punishment regarding the U.S constitution as well as its significance in curbing crimes in the society.

Recent trends in the U.S constitutions imply resilient support for death penalty. This is evidenced in the opinion polls whereby over 57% of them support capital punishment. In other cases, the number has increased to 80%. This implies that capital punishment is strongly supported by the majority in the society. Capital punishment law can be traced in the 1990s after New York and Kansa resolved to reinstate it (Robinson 90). However, the inception of the laws should follow the set constitutional standards in the quest of respecting human rights. Besides, the majority of the citizens understand the significance of the rules in curbing crimes, thus opt to support capital punishment. Statistically, delinquencies whose penalty is capital punishment to have decreased significantly over the years, thus promoting the existence of a peaceful and safe society.

Cruel and unusual penalties are prohibited in the 8^th amendment of the constitution while the 14^th and fifth ones demand due law process. Furthermore, the 14^th amendment has integrated the aspect of law protection in the quest to avert human rights violation. Similarly, the sixth amendment promises offenders a fair trial, thus allowing defendants to appeal to capital punishments. Besides, court of appeals investigates capital punishments to ensure that they are established on the set constitutional procedures and standards (Amezcua). In the U.S, Supreme Court is considered as the highest appeal court, implying that its rule out is regarded as final. Thus, defendants are mandated to respect the decisions emanating from the Supreme Court. The court is appraised for making various landmark rulings on capital punishment cases.

Ideally, the first form of capital punishment law was ruled in 1976 by the Supreme Court. The law demanded a dispersed penalty trial after a guilt-ridden decree. In the punishment trial, jurors factor in mitigating aspects explaining the behavior of the offender. In essence, delinquencies are fueled by various biological, psychological, and political factors that should be considered before ruling out a capital punishment on offenders (Lynch 145). For instance, offenders who are diagnosed with mental issues are isolated to different correctional facilities and provided with the necessary medication deemed fit to facilitate their recovery. This implies that such offenders cannot be treated the same with sound ones. Another major cause of delinquencies in the society is family background which has facilitated the increase in crimes among youths.

In essence, children delinquencies are fueled by the parenting styles in place. For instance, children from broken and low-income families often engage in criminal activities in the quest to earn a living. Besides, such families are encumbered with high levels of illiteracy. Thus, the minors lack role models when growing up, which sparks their involvement in criminal activities. This may spur them to join drug trafficking cartels an offence which may result in life imprisonment. However, the Supreme Court is mandated to consider such cases and minimize the implications of the penalties imposed on them. This implies that capital punishments among the minors are prohibited in the U.S.

Recent modifications in the constitution imply that capital punishments are applicable when the aggravating and mitigating factors outweigh each other. Therefore, only depraved killers are subjected to capital punishments. Also, the Supreme Court is inclined on race when considering capital punishments. Current studies imply that blacks involved in murder cases are sentenced to death more than whites killing blacks (Johnson 93). This explains why death sentences are more rampant among blacks than in whites. However, capital punishment has been proved as a controller of dangerous delinquencies in the society.

Generally, over 500 offenders have been sentenced to death since the inception of capital punishment law. However, the trend of capital punishment implementation is declining globally. Statistics prove that over 40 states have restricted the implementation of such laws. In fact, few states have been involved with capital punishments (Carol and Jordan 160. The law has been substituted with extended imprisonment years on the crimes, thus lowering crime rates globally. Therefore, states should consider implementing such laws to curb the spread of crimes.

In conclusion, the deterrence theory has been used in implementing policies to curb the spread of crimes in the society. Ideally, deterrence theory posits that crimes with strict penalties are rarely committed compared to those with less strict regulations. This analogy has fueled the inception of capital punishment to control dangerous crimes in the society. Capital punishment in the U.S can be used as a case study to validate its effectiveness in preventing murder cases. Therefore, states should consider implementing such laws to curb the spread of crimes.

Works Cited

Lynch, Mona. “Capital Punishment and the US Cultural Imagination: Daniel LaChance’s Executing Freedom.” (2017): 144-147.

Steiker, Carol S., and Jordan M. Steiker. “Capital punishment.” Reforming criminal justice: A report of the Academy for Justice on bridging the gap between scholarship and reform 4 (2017): 147-168.

Amezcua, Crystal. “Disparities in Capital Punishment Practices among US states.” (2020).

Robinson, Matthew. “Media and Capital Punishment.” Routledge Handbook on Capital Punishment. Routledge, 2017. 89-107.

Johnson, David T. “Capital Punishment and Lay Participation.” The Culture of Capital Punishment in Japan. Palgrave Pivot, Cham, 2020. 81-100.

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