Die Examensarbeit befasst sich mit dem Thema der Todesstrafe im zeitgenössischen US Amerika und versucht den Grund für dessen, in der westlichen Welt singulären Befürwortung dieser Strafe aufzudecken.
Sie besteht aus 2 ineinandergreifende Teile: einen geschichtlichen Abriss der Entwicklung der Todesstrafe, beginnend in den 1960er Jahren, der mit der Schilderung der gegenwärtigen Situation in den USA endet und eine anschließende, um Objektivität bemühte Debatte und Darstellung von Argumenten sowohl für als auch gegen die Todesstrafe, die im Laufe der Geschichte immer wieder auftauchten und immer noch auftauchen. Dabei wird eine Veränderung der Argumentation für und gegen die Todesstrafe während der letzten 4 Jahrzehnte ersichtlich, die mit der allgemeinen gesellschaftlichen Entwicklung in den USA zusammenhängt.
Table of Contents
1. INTRODUCTION
2. LATEST HISTORICAL DEVELOPMENT
2.1. Working Towards a Moratorium
2.1.1. Witherspoon v. Illinois (1968)
2.1.2. Mc Gautha v. California (1971)
2.2. Suspending Capital Punishment
2.2.1. Furman v. Georgia (1972)
2.2.2. Aftermath of Furman
2.3. Reinstating Capital Punishment
2.3.1. Gregg v. Georgia (1976)
2.3.2. Gary Mark Gilmore
2.4. Hesitant Revival of America’s Death Chambers
2.4.1. Coker v. Georgia (1977)
2.4.2. Enmund v. Florida (1982)
2.5. Receding Involvement of the US Supreme Court
2.5.1. Tison v. Arizona (1987)
2.5.2. The Junvenile Death Penalty
2.5.3. Insanity and Mental Retardation
2.6. Recent Limitations of Capital Punishment
2.6.1. Atkins v. Virginia (2002)
2.6.2. Roper v. Simmons (2005)
2.7. Current Situation
2.7.1. Capital Crimes Today
2.7.2. Execution Methods Today
2.7.3. Proponents and Opponents – Who Are They?
3. PRO AND CONTRA CAPITAL PUNISHMENT
3.1. The Purpose of Punishment
3.2. The Deterrent Effectiveness of Capital Punishment
3.3. To Be or Not to Be – The Constitutional Question
3.4. Arbitrariness and Discrimination
3.5. Miscarriages of Justice
3.6. The Morality Issue
3.7. The Discussion about Lethal Injection
3.8. Capital Punishment – Bargain or Expense?
3.9. Summary
4. CONCLUSION
Objectives and Themes
This paper examines the multifaceted and controversial nature of the death penalty in the United States, providing a historical overview and a detailed analysis of the ongoing debate surrounding its application. The research seeks to explore the reasons behind America's persistent retention of capital punishment despite a global trend toward abolition, building background information for an informed personal opinion.
- Historical development of the modern death penalty era in the USA.
- Current situation and legal status of executions across American states.
- Arguments for and against capital punishment, including deterrence and morality.
- Impact of racial discrimination and systemic miscarriages of justice.
- Economic implications and the financial costs of capital litigation versus life imprisonment.
Excerpt from the Book
2.1. Working Towards a Moratorium
At the beginning of the sixties, probably no one would have dared to predict the nation’s highest court to announce a judgment like Furman in near future. Even though capital punishment had been an issue in the preceding two centuries, debates had predominantly taken place in political forums. It was only in the 1950s that abolitionists had started using the courts systematically to try to undermine capital punishment. In this combat, however, no one “had seriously claimed that executions per se were fundamentally inconsistent with any part of the U.S. Constitution” (Haines 24). Rather, it had been claimed that certain procedures or “mechanical aspects” like shooting violated the constitution on Eighth Amendment grounds since they were regarded as “cruel and unusual.” The Supreme Court, however, had claimed that “a method of execution could be viewed as unconstitutionally cruel only if it involved an unnecessary degree of pain, was intended to produce extreme suffering, or was inherently barbarous.” (Haines 24)
Therefore, it was a completely new notion at the beginning of the sixties to regard capital punishment in general as unconstitutional, as a violation of the Americans’ fundamental rights (Haines 24). Of course, this does not mean that all Americans shared this opinion; not even the majority did so. Nevertheless, it was a significant change in American history which one needs to pay attention to. After all, it was due to this upcoming notion that a judgment like Furman’s was possible at all.
Summary of Chapters
1. INTRODUCTION: Provides an overview of the global decline of the death penalty and introduces the unique position of the United States as a retentionist country.
2. LATEST HISTORICAL DEVELOPMENT: Traces the legal challenges and moratorium strategy from the 1960s to the 2000s, analyzing key Supreme Court rulings that shaped the modern era.
3. PRO AND CONTRA CAPITAL PUNISHMENT: Examines core debate topics, including deterrence, constitutional questions, discrimination, and the high financial costs associated with capital cases.
4. CONCLUSION: Reflects on the author's shifting perspective regarding the indispensability of the death penalty in light of economic and ethical considerations.
Keywords
Capital punishment, death penalty, Supreme Court, Eighth Amendment, deterrence, abolitionists, retentionists, lethal injection, miscarriages of justice, racial discrimination, Furman v. Georgia, Gregg v. Georgia, morality, criminal justice, legal costs.
Frequently Asked Questions
What is the core focus of this research?
The work focuses on the historical and modern developments of the death penalty in the United States, analyzing why the country maintains this practice while others have abolished it.
Which thematic fields are central to the discussion?
Central fields include the legal history of the death penalty, the morality of state-sanctioned killing, racial bias in sentencing, and the economic burden of capital litigation.
What is the primary research goal?
The goal is to provide a comprehensive background and overview of the pros and cons of the death penalty, allowing the reader to build their own informed opinion.
Which scientific method is applied?
The paper utilizes a literature-based analysis of legal history, court case precedents, sociological studies on discrimination, and economic data regarding trial costs.
What is covered in the main section?
The main section deals with the purpose of punishment, deterrence effectiveness, constitutional challenges (Eighth/Fourteenth Amendment), discrimination, and the specific debate around lethal injection methods.
Which keywords characterize this study?
Key terms include capital punishment, Eighth Amendment, death penalty, racial discrimination, miscarriages of justice, and constitutional jurisprudence.
How did the Gary Mark Gilmore case impact the abolitionist movement?
His case significantly harmed the movement because he refused to use his legal rights to appeal and demanded to be executed, undermining the argument that the death penalty is always 'cruel and unusual' against the convict's will.
Why are lethal injection procedures currently under scrutiny?
The procedures are debated because of 'botched' executions and the potential for extreme pain due to inexperienced staff and an incompatible drug cocktail, leading to Supreme Court review.
How does the financial cost of the death penalty affect the criminal justice system?
The high costs of capital trials and prolonged appeals divert essential financial resources away from more effective crime prevention strategies, such as increasing police presence.
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- Lissy Petrezselyem (Autor:in), 2008, Capital punishment in contemporary US America, München, GRIN Verlag, https://www.grin.com/document/114554
