Death Penalty :: essays research papers

This paper will fallow the process of a capital trial from arrest to execution. It will discus the aspects of federal and state law, trial, appeal, and executions. It will go into further detail on arraignment and the trail details of defense and sentencing. The federal law on capital punishment begins with the constitution, which states in the eighth amendment of the bill of rights that, no person shall be subject to cruel or unusual punishment. Despite this and for the reason that it is the government that decides what is cruel and unusual, capital punishment is still federally legal. Under the united states code, title eighteen there are certain crimes that can be punished by death. Section thirty-four of the said title and code says that any crime that results in the death of any person can be punished by death. Section 1512 deals with witnesses, victims, or informants. It states that anyone who kills or atemps to kill another person with the intent to prevent the attendance or t estimony at trail may be punished by death. Section 2332 states that who ever kills a national of the united states while the national is outside the united states is subject to death if the killing is murder as it is defined. Section 36 states that participants in any continuing criminal enterprise dealing with controlled substances may be punished by death. Section 1992 states that whoever willfully derails, disables, or recks any train used in interstate or foreign commerce can be punished by death. Finally section 831 states that anyone involved in prohibited transactions involving nuclear material can be subject to the death penalty. State laws in capital punishment defer from state to state and vary in a wide range of crimes for which it can be imposed. This range usually contains one or more of the fallowing, murder of a law enforcement officer, vehicular homicide while under the influence, contract killings, felony murder, first degree murder, or any murder. No matter the la ws of the state are certain states have and will always use their own discretion in handing down a death sentence. This means that for what ever reason, be it social make up, religious make up, or the simple fact that a death sentence may inhibit the prosecution, in that the jury may be hesitant to take a life no matter what the crime, the death sentence is not always used in all cases that it is allowed in.