- Published: September 8, 2022
- Updated: September 8, 2022
- University / College: University of Westminster
- Language: English
- Downloads: 3
The death penalty has been controversial within the United States. Many people believe that this method of punishment is “ unusual and cruel.” Despite this stance, by the large proportion of the American population, the fact remains that this method of punishment has been witnessed in different court outcomes. One of the things that is important to note is that laws within the United States are not created so as to oppress the common citizen. Instead, the laws are created to protect the common American citizen from aggression both from the fellow citizens and the state as a whole. However, the society holds that the death penalty strips off convicts the same dignity that the constitution seeks to accord them. This rationale by the majority of the American social framework is based on three important reasons. The first reason is that the death penalty is severe and goes beyond the power of the state on the life of its own citizen. The second reason why the death penalty is highly opposed within the United States is that it inflicts suffering both in the part of the convict, family members and the society at large. The third reason why the death penalty is unpopular within the American society is the fact that the death penalty does not solve the problem with which the victim is charged. This is because after the convict is executed, his suffering ends up his death. The convict does not live to regret his or her actions. This paper intends to use the outcome of the Furman v. Georgia case to support the fact that the death penalty is not justified.
The Furman v. Georgia case involved a black man who was being sued by the state of Georgia. Therefore, it is important to note that the state is suing against its own citizen. Coming from a minority, there is a sense of helplessness in the part of the convict. The decision to sentence Furman to death was made within 35 minutes. One important thing to note is that life is regarding as being of great value. A haphazard decision reached within 35 minutes cannot be used to terminate the life of a human being. This decision indicates two important elements with the legal system that was involved in determining the Furman case. The first element that is evident within the jury is the disregard for human life and secondly the outcome of this case illustrates the arbitrary nature of the legal system. As much as a convict has committed a crime, the fact remains that the convict is a human being. Therefore, any decision or idea to terminate his life should be well thought. Clearly 35 minutes does not illustrate enough deliberation in the part of the jury.
Using the three reasons as to why the death penalty has been opposed within the American society, it is clear that the Furman v. Georgia case demonstrates a situation whereby the state strips off its own citizen his own human dignity. Making a quick decision leading to a death penalty in the case illustrates that the legal system did not respect the life of Furman. The haphazard decision brings out a strong state that has the capacity to terminate the life of its citizen upon its wish. In addition, the death penalty clearly inflicted mental and physical pain to Furman. Understanding that the state is about to take one’s life is likely to cause a lot of mental suffering. In addition, the death penalty affects the family members and people who were close to Furman. Finally the death penalty subjected to Furman did not solve the existing bone of contention between the state of Georgia and Furman. In fact by sentencing Furman to the death penalty, he does not live to suffer the consequences of his actions.
In conclusion, the death penalty as per the Furman v. Georgia case is not justified in that it illustrates the abuse of human dignity in the part of the legal system, it inflict both physical and mental pain to the convict and family. Finally the death penalty does not solve the problem created by the convict.