On November 12th, 2004, after months of jury selection and then a trial, Scott Peterson was convicted of first-degree murder of his 8-month pregnant wife, Laci Peterson, and second-degree murder of their unborn son, Connor Peterson (Wakeman). This case quickly became national news, but everything national starts out personal. The Peterson's were from Modesto, California, less than 15 miles away from my hometown. The cruel and tragic fate of Laci Peterson's murder had a huge impact on our community and continues to be remembered by all. In March of 2005, Peterson was given the death penalty. A long debated question amongst Americans is whether or not the death penalty is constitutional. I believe that the death penalty is constitutional. …show more content…
The death penalty is most often a charge given for “murder with aggravating circumstances (Pennekamp).” According to the Death Penalty Information Center, each state has its own list of aggravating circumstances that could consider a criminal worthy of the death penalty(“Aggravating”). One such example in California is if "the murder was intentional and carried out for financial gain." On a federal level, the U.S. Code gives some standard mitigating and aggravating factors to be considered (“18 U.S. Code”). Mitigating factors include circumstances such as impaired capacity and no prior criminal record. It is an aggravating factor if “the victim was particularly vulnerable due to old age, youth, or infirmity.” On the subject of the victim in a murder case, the death penalty has a huge impact on the victim's family. Receiving justice for a crime committed against your loved one, especially a 3 crime so tragic and irreversible, is a step towards peace. The three most common reasons for retaining the death penalty are retribution, deterrence, and assuagement. Assuagement of course, refers to easing the pain of the victim's loved ones. Retribution is a society's need to “punish particularly egregious crimes.” Deterrence is the desire to prevent future crimes. By maintaining punishment for horrendous crimes in our …show more content…
The Constitution's opening statement is “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” In 1787, the same year that the Constitution was written, there were 32 executions of criminals by hanging (Blanco). The 1787 executions are a prime example that the founding fathers supported the death penalty. Justice Antonin Scalia, who passed away just last year, was a staunch originalist. Scalia once said, “The Constitution. . .means today not what current society (much less the Court) thinks it ought to mean, but what it meant when it was adopted. For me, therefore, the Constitutionality of the death penalty is not a difficult, soul-wrenching question. It was clearly permitted when the Eighth Amendment was adopted (Scalia). . .” Our founding 4 fathers established justice through use of the death penalty, so is it not constitutional for us to continue to do so? Especially when taking into account the state of the crimes committed today. In 1787, death penalties were charged for burglary as well as murder. The death penalty today is not charged for burglary, but for serious crimes that have
Huanchi Chen Ms. Bonner Forensics Period 2 14 January 2016 People of the State of California v. Scott Peterson Scott Lee Peterson, a man who is currently a death row inmate in the state of California was convicted of murdering not only his spouse, Laci Peterson, but also his unborn child in 2002. Peterson’s early life was relatively normal though, he was born in San Diego, California, where his father was a manual labor worker and his mother ran a boutique. He attended high school there as well and eventually went to college at California Polytechnic State University where he would also work part-time as a waiter in a cafe. While working at the cafe Peterson would end up meeting Laci Denise Rocha for the first time. Laci Peterson while eight months pregnant was reported missing on December 24, 2002.
In this research paper, I will be talking about the moratorium of the death penalty, also known as, the capital punishment for criminals who have committed a serious crime. Following the discussion of Gregg v. Georgia Case, that happened in 1976, Furman v. Georgia, and how they each contributed to the moratorium of the death penalty. Later, comparing and contrasting about some aggravated assaults and mitigating assaults and how they differ from each other. Also about the direct causes of the moratorium of the death penalty. Then explain the indirect effects of the moratorium and the procedure of capital punishment and the policy of the death penalty.
Peterson Attorney Geragos paint a picture that a Satanic cult kidnapped Laci, he argues that Peterson was a cad for cheating on his wife but was not a murderer. On November 12, 2003, jury convicted Peterson of first-degree murder for killing his wife Laci and second-degree murder for killing the fetus she carried base special
1) The reason why the death penalty in Florida was determined to be unconstitutional were due to the U.S. Supreme Court believing judges had too much power in deciding whether someone should be sentenced to death, or receive the lesser penalty of life. Legislators decided to require only ten out of twelve jurors to agree imposing a death sentence in regard to capital criminal cases, when the law was changed earlier this year. While Florida legislators believed their system was rational, the state's high court opposed. The U.S. Supreme Court declared in January that judges had too much say in sentencing someone to death, when constitutionally it was the jury alone.
The death penalty is a precedent set centuries ago as a method of punishment for severe crimes. In 1923, the state of Texas declared that those sentenced to death were to suffer through the electric chair by the hands of the state, instead of being hanged by the hands of the counties (TX Executions). Later on, Texas would adopt the lethal injection method. Many see the death penalty as an inhumane violation of the basic rights defined in the Bill of Rights. On the other hand, others may argue that it is unpractical to abolish the death penalty due to the voidance of justice.
In the the Supreme Court case Gregg Vs. Georgia, Justice Stewart concluded that “We now hold that the punishment of death does not invariably violate the Constitution.” (GREGG v. GEORGIA, 1976), answering the question of whether or not capital punishment is ever unconstitutional. Some may argue that Stewart is saying that the death penalty is sometimes considered constitutional, however, it is important to note that if we as Americans don’t enforce the constitutional rights of human beings at all times, the foundation of our nation will slowly begin to lose its strength. If in any way something can be declared as unconstitutional, then from there on out it will never fall into the realm of being constitutional.
Choosing to become A Husband, A Father, and A Killer 1. What is your thesis statement? Scott Peterson has been convicted of the murder of his wife Laci and their unborn son whom was to be named Conner. Laci was 8 months pregnant with her first child.
Rough Draft Is the death penalty an effective and justified punishment? This is a topic many Americans have discussed for a long time, and has caused much controversy. Both sides have their pros and cons, and they will be discussed. The first point that many people have about capital punishment is that it’s unconstitutional.
The United States is one of very few western nations that still has a death penalty. In life people are taught that violence is not the answer and that murder is a sin. The death penalty goes against everything that people are taught in life. The wrong way to approach a situation is to inflict what someone is accused of upon them. Also the risk of executing an innocent person cannot be completely eliminated.
In recent years, the Supreme Court has limited its use of the death penalty to first-degree murder and then only when aggravating circumstances, such as for profit or using extreme cruelty, are present. Other offenses might also end in the death penalty, such as a serious crime against the United States. The US is one of only 58 countries in the world still practicing it. The death penalty has been a controversial issue for a long time. Those that support it argue that it strongly affects the deterrence of crime; while those who oppose it cite the possibility of error and bias in the system.
The actions of certain criminals is the main reason why we need the death penalty. Who knows what could happen if we didn’t. For example, even though that is a very slim chance that a prisoner could escape from a high security prison that should be placed
There are severals pros and cons for having death penalty system in China. PROS DETERRENCE EFFECT The death penalty can act as a threat to deter people from offending the crime listed in the list of capital offences. There are two forms of deterrence.
The Death Penalty, loss of life due to previous crimes and actions, is believed by some to be extremely costly, inhumane, and cruel unlike some others whom believe it is just, right, and provides closure. The Death Penalty is not a quick and easy process. Most who get sentenced to deaths row wait years for their ultimate punishment of death. Some believe that it is not right to punish and kill a human for actions they have done because, they believe that the inmate should have another chance. Then others believe that it is right to punish someone for their actions especially if their actions involve killing another or multiple humans.
The major reason why the death penalty should be abolished is that the cost of the death penalty is too much and the USA is in debt to many other countries. What this means is that the death penalty should be abolished and also the cost death penalty is more than the cost of maximum sentence life in prison. According to J. Marceau and H. Whitson, “The Cost of Colorado’s Death penalty,” 3 Univ. of Denver Criminal Law Review “A new study of the cost of the death penalty in Colorado revealed that capital proceedings require six times more days in court and
Other criminal activities other than homicide such as rape, treason, terrorism, etc. also drastically reduces when death penalty is practiced. Capital punishment is proven to be effective as people fear death. It is instilled in them from birth within their DNA. Hence, when the consequence of death comes to mind, one would think twice before making a wrong