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The Death Penalty


            
             Crime Deterrent and Cruel and Unusual Punishment.
            
            
            
            
            
            
            
            
            
            
            
             "It is better to debate a question without settling it than to settle a question without debating it."".
             -Joseph Joubert.
             "The question with which we must deal is not whether a substantial proportion of American citizens would today, if polled, opine that capital punishment is barbarously cruel, but whether they would find it to be so in light of all information presently available."".
             -Justice Thurgood Marshall .
             The Death Penalty:.
             Crime Deterrent and Cruel and Unusual Punishment.
             One of the most controversial debates that rages constantly in this country is the argument over whether capital punishment should be outlawed. There are two basics arguments in the debate on capital punishment, the first is whether or not capital punishment is constitutional, and the second, is capital punishment a deterrent to crime? Although recently we have heard many debates over the death penalty, constitutionally it is legal, but should it be? .
             The death penalty has never been outlawed nationally, but for a period in the mid 1970's the Supreme Court changed the rules about capital punishment so that it was nearly impossible for a state to put a prisoner to death under any circumstances. (Wolf 7) The problems that death penalty opponents have with capital punishment can be found in the Bill of Rights, or more specifically, the Fifth and Eight Amendments.
             The Fifth Amendment gives every citizen of the United States the right to "due process of law", meaning full access to courts and proper representation (Gottfried 26). Many people believe that many inmates on death row have not been given due process, and that no one should be put to death if they have not proper representation. It is unfair to kill those who had a bad lawyer. Many of the people facing the death sentence cannot afford a good lawyer so one is appointed to them. Many times these lawyers are young and inexperienced.


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