The Death Penalty, Is It Really Worth It?
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- Date Submitted: 01/12/2012 05:08 PM
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The Death Penalty, is it really worth it?
PHI 200
Lisa Linkin
December 19, 2011
The death penalty has been around for thousands of years. The United States adopted capital punishment from English Common Law when they declared their independence in 1775. The Fifth Amendment says that no person shall be deprived of life, liberty, or property, without due process of the law. In 1976 the U.S. Supreme court adopted the new form of the death penalty process. The accused would have one trail to determine guilt and then a second trail to determine the sentence of the accused. Currently 38 states use this form of capital punishment; the others do not have any form of the death penalty. Today in America the question is. Is the death penalty still worth using in America?
The California Penal Code Refers to murder in section 187 Murder defined. ‘’(a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. (b) This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:(1) The act complied with the Therapeutic Abortion Act, Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code. (2) The act was committed by a holder of a physician's and surgeon's certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not. (3) The act was solicited, aided, abetted, or consented to by the mother of the fetus. (c) Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law’’(California Penal Code, 2010).
And in section 190 the Penal Code gives the punishment for murder. “(a) Every person guilty of murder in the first degree shall be punished by...
PHI 200
Lisa Linkin
December 19, 2011
The death penalty has been around for thousands of years. The United States adopted capital punishment from English Common Law when they declared their independence in 1775. The Fifth Amendment says that no person shall be deprived of life, liberty, or property, without due process of the law. In 1976 the U.S. Supreme court adopted the new form of the death penalty process. The accused would have one trail to determine guilt and then a second trail to determine the sentence of the accused. Currently 38 states use this form of capital punishment; the others do not have any form of the death penalty. Today in America the question is. Is the death penalty still worth using in America?
The California Penal Code Refers to murder in section 187 Murder defined. ‘’(a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. (b) This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:(1) The act complied with the Therapeutic Abortion Act, Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code. (2) The act was committed by a holder of a physician's and surgeon's certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not. (3) The act was solicited, aided, abetted, or consented to by the mother of the fetus. (c) Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law’’(California Penal Code, 2010).
And in section 190 the Penal Code gives the punishment for murder. “(a) Every person guilty of murder in the first degree shall be punished by...