FREE ESSAY ON DEATH PENALTY

DEATH PENALTY

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 testimony 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 laws 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. Add to
this the differing state laws and the same crime may draw different sentences in
different states. 
The first step once a murder has been reported is to get a suspect. After a suspect is
determined and probable cause has been established, a warrant will be issued for the
individuals arrest. Upon arrest the individual will be made clear of the crime of which
he is being charged and his rights.
He will then be taken into custody. 
Once in custody he will make an initial appearance in court, if the charges are not
dropped the case will move on to a preliminary hearing. At the preliminary if the charges
are still not dropped bail or detention will be issued. Fallowing this a date will be set
up for a grand jury indictment, if the prosecution successes in its indictment the
individual will be arraigned. Supposing that the defendant gives a not guilty plea and
the charges have not been dismissed, a trail date will be set.
In the trial the defendant will be represented by a defense attorney and the people will
be represented by the prosecution. Both sides will make their opening statements, will
call witnesses, and will make their closing statements. In these the prosecution will
state its facts and attempt to convince the jury beyond a reasonable doubt that the
defendant is guilty . The defense will present its defense. In a murder case the possible
defenses are as fallows, mistaken identity, set up, self defense or defense of others,
defense of property, aiding a peace officer, or insanity. Since the laws concerning these
defers from state to state they will be dealt with in a model form. Mistaken identity is
simple. The defendant is not the killer and was identified as such by mistaken witnesses
or evidence. 
A set up means that someone who actually committed the crime or the police or law
officers conspired to make the defendant seem at fault. Self defense is only viable if
the defendant felt that he was in danger of death, serious harm, rape, or kidnaping. Even
then there are other stipulations. First off the had to have been no way to retreat with
complete safety and their could not be any way to stop the opposing actions by
surrendering a good or restraining from any certain action(s). The only way the defendant
would not have to retreat is if he was in his home or place of work, or a peace officer
attempting an arrest or preventing an escape. If the defense is protecting others all the
above still stands and both the defendant and the individual in danger must both believe
in the danger. In defense of property there are only two times when it is valid. One If
the defendant was being dispossessed of his dwelling and only immediate deadly force can
prevent this, or two if a felony is being committed and there has been a threat of deadly
force, or if inaction will result in serious injury to himself or others. In aiding a
police officer their must be a felony arrest, intent of the arrest must be made clear,
their is no risk to the innocent, the crime must involve use of deadly force and if the
suspect flees he will cause death or serious harm to others . A final option for the
defense is the insanity defense. 
Three states do not have a defense for not guilty by reason of insanity, they only have
guilty by reason of insanity. Three other states have abolished their insanity tests. Two
states have no test. The remaining states use either the American Law Institute test, the
M'Naghten rule, or both. The M'naghten rule is that:
"The party accused was laboring under such a defect of reason,
from disease of the mind, as not to know the nature and quality
of the act he was doing; or if he did know it, he did not know he
was doing what was wrong."
The ALI test is this:
"A person is not responsible for criminal conduct if at the time of
Such conduct as the result of mental disease or defect he lacks
he lacks substantial capacity either to appreciate the criminality
of his conduct or to conform his conduct to the requirements of
the law ."
These conditions are almost always associated with delusional disorders such as
schizophrenia . 
If in the course of the trial or before the deliberations have been completed the defense
may initiate a plea bargain. A plea bargain is a plea of guilty in exchange for
concessions in the charges or in the sentencing . This is sometimes the best way to save
the defendants life. 
The next step is the sentenci