Death Penalty Position Paper Essay Example | Topics and Well Written Essays - 2250 words

Death Penalty Position Paper - Essay Example Proponents believe it to be neither cruel nor unusual, on the contrary, they think it just and fair. The purpose of this study is to discuss the legal and moral issues that literally are of life and death importance and is a major barometer when measuring a societies collective conscience. The ‘eye for an eye’ group not only accepts but vocally insists that the death penalty be continued for many reasons which will be covered thoroughly in this discussion. It will also include the opponents’ reasoning regarding why it should be abolished along with the legal precedents involved in an effort to gain a comprehensive overview of the death penalty debate. The discussion will conclude with an opinion regarding the future of Capital punishment in the U.S. By definition, capital punishment is not unusual, legally speaking, unless one considers and acknowledges the racial bias that exists in the justice system. Whether or not it is cruel is not definable by law. It can only be defined by the collective social conscious of a culture. The legal interpretation of ‘cruel and unusual’ is somewhat open to debate but in general, the term ‘cruel’ refers to brutal punishments that cause excessive pain. Most legal experts agree that punishments including bodily dismemberment or torture are undoubtedly classified as cruel. Again, terminologies are open to interpretation as evidenced by the current debate at the highest level of government involving the definition of torture. The term ‘unusual’ is commonly understood to define the equitable application of punishment for a particular offense. For example, if ten people were cited for speeding and nine of them were fined $100 but one was fined $1000, this penal ty would be considered ‘unusual.’ Taken together, both ‘cruel’ and ‘unusual’ indicate that the punishment should be exacted in proportion to the offense committed. A life term in prison is an