Abolition of the Death Penalty
Resolved: that the United States Federal Government should ratify or accede to, and implement The Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the Abolition of the Death PenaltyIn order to facilitate clarity and promote clash we exercise the affirmative right to define by offering the following definitions. should: is used to express moral obligation (taken from Webster's New International Dictionary, second edition, 1961) Observation 2: Criteria and Resolutional Analysis A. In order for the United States to uphold its democratic ideals to the truest form possible, it must follow the basis of our democracy: the U.S. Constitution. Any law that contradicts what is in the constitution should not be allowed to exist. The death penalty is one of those laws. Rev. Jesse Jackson, Legal Lynching, Racism, Injustice, and the Death Penalty, 1996, pgs. 84 and 85. "The U.S. Constitution protects the right of American citizens to their life, liberty, and property. In this, it has become the model
for other countries wishing to codify human dignity, due process, and fundamental fairness in their own legal standards. The Eighth Amendment in particular - the one prohibiting cruel and unusual punishment - has been duplicated by new nations around the world. ...In Gregg v. Georgia, the Court approved a series of reforms intended to eliminate arbitrary and discriminatory death sentences. Under these new "guided discretion" statutes, only certain types of murder (first-degree murder with special circumstances) are eligible for the death penalty. Defendants accused of capital murder would be tried by jury in a two-phase proceeding. Guilt would be assessed in the first phase, and if the defendant was found guilty of a capital crime, sentence would be decided by the same jury in the second, "penalty" phase. In the penalty trial, the jury would answer a single profound question: Should the defendant be sentenced to life imprisonment or death by execution. Mark Costanzo, Ph.D, Just Revenge, Costs and Consequences of the Death Penalty, 1997, pgs. 163 and 164. B. The death penalty should be replaced with a more effective alternative in punishing criminals so that it does not contradict what is in the U.S. Constitution.
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Approximate Word count = 2110
Approximate Pages = 8 (250 words per page double spaced)
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