The one reason that is complete
BS enough for me to add a writeup is:
Capital Punishment is cruel and unusual punishment. If killing someone isn't cruel, then I don't know what is.
Capital punishment is very clearly
NOT considered
cruel and unusual punishment. The
constitution, the same one which forbids
cruel and unusual punishment, makes
specific mention of capital punishment.
5th Amendment
No person shall be held to answer for a capital, or otherwise infamous, crime, unless on a presentment or indictment of a grand jury
Webster 1913 defines
capital as: "
Having reference to, or involving, the forfeiture of the head or life; punishable with death; capital punishment"
So just three amendments before that denying
cruel and unusual punishment, the constitution specifically allows
capital punishment upon the
indictment of a
grand jury. Which does not mean that that amendment can't be amended, it just goes to show that
cruel and unusual did not in any way refer to
capital punishment. Otherwise the
8th amendment would have stricken the mentioning of capital punishment from the
5th amendment.
ALSO, on a more general note, I must agree there are problems with
capital punishment right now. Statistics show
race as a large factor in the
death penalty. In researching
Mumia Abu-Jamal I learned a lot about how
fucked up our
capital punishment is. It's amazing how many
death row inmates have been released prior to execution only because of
DNA evidence available after their trial. In cases like
Mumia Abu-Jamal in which there is anything BUT clear evidence of his guilt, a highly questionable judge, and a ridiculous court-provided attorney, the
death penalty should not even be considered.
So I'd consider the problem to be not the
death penalty itself, but the
horrid legal system which dishes it out unjustly.
Mumia may have done it, but the point is the trial was far from fair - if he did it, a fair re-trial would still prove it, and everyone would be happy...
Capital punishment should be reserved for only the most
clear cut cases, not just
beyond a reasonable doubt but beyond
all doubt.
Note: The definition of capital reads
"punishable with death", not "a crime involving death". The term capital has no direct indication of murder;
treason is a good example of a capital offense lacking death.