A Measured Approach to the Death Penalty

Abstract

Capital punishment is a fixture of the American justice system. To the disdain of many, the death penalty has endured despite numerous problems. While a number of objections to capital punishment are deeply rooted in religious, moral, and philosophical beliefs, major issues can be found in its implementation and basic procedure as well. My paper discusses the history of capital punishment in the United States, with a focus on the movements to abolish or alter the death penalty, as well as proposes solutions to several important legal and procedural issues. In order to deal with problems such as racial bias, wrongful conviction, and proportionality of the crime to the punishment, several additional safeguards must be put into place throughout the litigation process. The basis of this study will reflect the ongoing struggle to reconcile the constitutional rights of the accused with society's desire to promote a safe community.