Tuesday, November 9, 2010

Death Penalty:Innocent Until Proven Guilty

The post-conviction review, is when the jury and other officials get together and review the case to make a final decision, in which they believe the defendant is either guilty or innocent. This a time where issues are brought up, which are not on record giving the court new information to work with hoping to reduce the sentence, and give other information that might influence the jury to think differently about the case. A individual is innocent until he or she is proven guilty, protecting an individual’s constitutional rights, until the court has made a decision. I do not believe that this system is sufficient to guarantee that only the guilty are convicted because the information at the time in which the court has, might not be completely true, therefore falsely accusing a defendant in court. There have been cases in which the defendant has been proven guilty, when actually they truly innocent. Years later when specific evidence is revealed the court may realize that an individual was actually innocent from the crime in which the court believed that individual committed. Firing Squad is a cruel and unusual punishment, in which the states should not be allowed to execute an individual because it inflicts pain, and is mentally disturbing for the defendant who is guilty, and the riflemen. Even though death penalty itself does not violate ones Eighths Amendment rights, some of the ways in which the court decides to kill a person is inhumane and in my opinion tortures. I feel that if a person is sentenced to the death penalty, they should have the option to decide which way they want to die. The states data tells me a lot about how the death penalty is used, because depending of the severity of the crime; one can be sentenced to death, or simply sentenced to life in prison. Looking at some of the data shocks me because depending on the state in which one lives, can determine how he or she will be prosecuted. It is interesting to see how different states and have different rules in which they obey by, which may lead to harsher sentences depending in which state one lives in. the data shows how depending on where an individual lives, different death sentences come into play, which each states decides is responsible or not. I personally am in favor of the death penalty, but am not in favor in some of the methods, in which some states use because some of the methods are cruel to an individual even if that person is a mass murder, because that person is still human. Taking a life is the most severe punishment one can face, so the court must be one hundred percent certain that the defendant is guilty before they sentence a man to the death penalty.

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