A Fair Trial And Punishment - 1528 Words

Throughout the years, the definition of a fair trial and punishment has changed. In some ways, our Judicial System has gotten better; however, it has also gotten worse in some cases. Our Justice System no longer has a clear understanding of whether or not capital punishment is fair, constitutional, or should be fully utilized. Some people say that the use of capital punishment is unconstitutional, ethically wrong, and extreme. However, others say that Capital punishment would honor the victims and help console grieving families. It would ensure that the perpetrators would never get the chance to commit such horrendous crimes again. It would serve as a deterrent to other people who might commit the same or similar crimes in the future causing less tragedy and heartbreak. In many cases, like Kennedy v. Louisiana, many criminals get out of capital punishment because the crime did not result in the death of the victim. In Kennedy v. Louisiana Patrick Kennedy was convicted for t he aggravated rape of his 8 year-old step-daughter and sentenced to death. The Louisiana Supreme Court affirmed the statute, rejecting the defendant s reliance on Coker v. Georgia, which prevented the use of capital punishment for the rape of an adult woman. The Eighth Amendment, which bans the use of cruel and unusual punishment, bars Louisiana from imposing capital punishment for the rape of a child because the crime did not result in the death of the victim. This is just one example ofShow MoreRelatedImportance Of The Eighth Amendment1115 Words   |  5 Pagesshall not be required, nor excessive fines are imposed, nor cruel and unusual punishments inflicted.† This was made to help make sure that more amounts of bail money/property are not given to by excessive amounts, and that cruel or unusual punishments are not prohibited to any person going into court. Bail is where a certain amount of money is required to leave jail and is another way to ensure that you will go t o a trial. Patrick henry and Holmes were people who pointed out that americans shouldRead MoreThe Nuremburg Trials Essay740 Words   |  3 PagesII when all the camps were liberated, trials were held against the Nazi’s who took part in this genocide. These trials were called the Nuremburg trials. The trials took place between October 20, 1945 and October 1, 1946 . Although Many Nazis felt they were taking orders their punishments through the Nuremburg trials were justified due to the massive loss of life in the concentration as well as the social consequences on families. Throughout the Nuremburg trials there were 8 judges. Only 24 Nazis wereRead MoreCase Study : Ford Vs. Wainwright Case1426 Words   |  6 Pageswith him because he felt that the doctor also was part of the conspiracy theory. According to Farringer (2001), â€Å"Justice Powell s concurring opinion, on the other hand, found that the appropriate standard is whether the prisoner is aware of the punishment she is about to suffer and the reasons she is to suffer it† (p.2441). Ford was interviewed again and thought he should go free because of his condition and understanding of what the law was about mentally ill patients and how it would be consideredRead MoreThe Death Penalty Should Be Legalized1229 Words   |  5 Pagesdeath penalty needs to be completely abolished. Their view is that is is inhumane and constitutionally unjustified. On the other hand many believe it is a source of deterrence and is the only just punishment for some crimes. When it comes down to it, the death penalty deters crime, is a fair and just punishment, and restores justice. I believe the death penalty should be legalized throughout the entire country. The death penalty has been around for a long time. It has been recorded as being around asRead MoreThe Pros And Cons Of The Fifth Amendment926 Words   |  4 Pages if you are not informed of this, your rights have been violated. †¢ the right to a fair trial – you are guaranteed a fair trial if and when charged. You also have the right to a speedy trial. If your case is unnecessarily dragged and you are forced to wait for a long time for the trial to begin, your rights may have been violated. Finally, as far as the trial is concerned, you also have the right to a jury trial if you are charged with a serious crime (defined as crimes that carry a penalty of minimumRead MoreMilitary Crimes Of The United States Constitution998 Words   |  4 PagesThe arrest and trial of enemy combatants by military tribunal poses no significant moral issues. It is military order to detain those accused of international terrorism. Every country has their own guidelines and regulations when it comes to punishments, the U.S. punishments could be worse. Overall, the American government has and will try to do all that is necessary in order to protect all Americans. As of 2001, a new order in war was presented. The United States Constitution allows Congress theRead MoreTruman Capote s A Cold Blood Makes A Great Case For Justice1719 Words   |  7 Pagestogether to murder the Clutters. They got caught and trial, however at the time Kansas maximum incarceration was life imprisonment with parole and most prisoners are paroled after twenty years. Twenty years of imprisonment for brutally killing four members of the most influential family in the area, causing mass hysteria for everyone in Holcomb and for others who are involved in the case is unquestionably too short. However, is the death penalty fair for both of them, considering Dick had a mental disorderRead MoreThe Death Penalty Is Cruel And Unusual Punishment988 Words   |  4 Pageshis laws codified; it was â€Å"an eye for an eye, a tooth for a tooth†. Capital punishment in America started when spies were caught, put on trial and hung. In the past and still today people argue that, the death penalty is cruel, unusual punishment and should be illegal. Yet many people argue that it is in fact justifiable and it is not cruel and unusual. Capital punishment is not cruel and unusual; the death penalty is fair and there is evidence that the death penalty deters crime.  Ã¢â‚¬ ¨A big part of abolitionist’sRead MoreCriminal Justice Systems Paper1153 Words   |  5 Pagesin a fair trial. The legal definition of a crime is a wrong doing classified by the state or congress as a felony or misdemeanor, or an offense against a public law. The Merriam Webster Dictionary defines crime as â€Å"an act or the commission of an act that is forbidden or the omission of a duty that is commanded by a public law and that makes the offender liable to punishment by that law† (2010). â€Å"One of the fundamental theories of the United States criminal justice system is that those on trial remainRead MoreJudge Court Is Guilty Of Due Process Violations1674 Words   |   7 Pagesunlike any other in the country. Judge Williams’s courts in Georgia’s Glynn and Camden Counties do not honor a major component of rule of law—due process. Due process is fair treatment through the judicial system. It includes, among a few other rights, the rights to receive an impartially fair trial and subsequent reasonable punishment, to grieve or complain against the charges and government official in charge, and to appeal. Judge Amanda William’s drug court is guilty of due process violations in