| Capital punishment is one of the controversial issues | | | | then the defendant will be acquitted. |
| in America and other countries. While capital | | | | State Collateral review: |
| punishment is obsolete in most of the developed | | | | When a death sentence is affirmed on direct review, |
| countries of the world, U.S. still practices death | | | | supplemental methods e.g. collateral review remain to |
| penalty in most of its states and has the support of | | | | attack and change final judgment. When the |
| public opinion; there are organizations and groups who | | | | defendant receives his death sentence in the state |
| are for or against it and each of them have its own | | | | level trial, the first stage is State Collateral Review. |
| justifications based on moral, religious and emotional | | | | This process varies from state to state. The purpose |
| grounds. | | | | of these proceedings is to create a chance for the |
| Death penalty was reinstated in 1976 and continues | | | | prisoner to change the final judgment. |
| to its existence in 21st century. 67% of capital | | | | Federal habeas corpus |
| conviction is overturned, seven percent of those | | | | After a death sentence is affirmed in State Collateral |
| whose sentences were overturned have been | | | | Review, the prisoner may apply for Federal Habeas |
| acquitted, and ten percent were re-sentenced to | | | | Corpus, which is a kind of lawsuit that can be |
| death. The reminder ends up with lesser sentences. | | | | brought in federal courts; here the prisoner can |
| Capital punishment has been a lawful punishment | | | | attack a death sentence in federal court. The |
| since the colonial period in America and was | | | | purpose of federal habeas corpus is to ensure that |
| considered a normal part of judicial process. Death | | | | state courts have done a reasonable job in |
| penalty was prescribed for major crimes; but from | | | | protecting defendant's constitutional right. |
| the beginning death penalty was only used and | | | | Section 1983 contested |
| practiced when there was no other way for | | | | If the federal courts refuse to issue a writ of habeas |
| punishing the criminal. The reform movement toward | | | | corpus, the Governor may set an execution date. In |
| death penalty began in 1750's in Europe by academics | | | | recent years the prisoner can postpone the |
| such as Cesare Beccaria and Voltaire. This movement | | | | execution through a final round of federal litigation |
| was influential in Europe and ended capital punishment | | | | using the Civil Right Act of 1871. The United States |
| in 1767. In America some intellectual were also | | | | Supreme Court approved the use of Section 1983 as |
| affected by the movement. They argued that death | | | | a way for challenging a states method of execution |
| penalty should be abolished as a cruel act and they | | | | a cruel and unusual punishment in violation of Eight |
| defended life imprisonment as a more rational way. | | | | Amendment. |
| As a result of these efforts, in 19th century Michigan | | | | Controversies over the Use of Capital Punishment |
| was the first state that abolished death penalty; | | | | Different groups and parties support or oppose the |
| however most states still practiced death penalty for | | | | use of death penalty and each of them has its own |
| certain crimes. | | | | moral and religious justification. In America the |
| Capital punishment has gone through different stages | | | | majority of public opinion supports death penalty. |
| in 20 century: during the progressive era before the | | | | Religious groups have different opinions about it: |
| First World War, six more states banned capital | | | | more conservative groups tend to support capital |
| punishment. During 1920s through 1940s a number of | | | | punishment while those who are more liberal are |
| states reinstated death penalty which led to an | | | | inclined to oppose it. The debate and controversies |
| increase in number of execution. In 1930 up to 1945 | | | | are around several issues; those who oppose it claim |
| this increase was even greater. From 1950s to | | | | that: is it morally correct to kill another human being |
| mid-1970s the approach toward capital punishment | | | | even if he is a criminal? Can death penalty be used as |
| changed again which was as a result of advancement | | | | a deterrent to avoid more crimes? Is capital |
| ofliberal ideas. In this period the trend was toward | | | | punishment used fairly across racial, social and |
| judicial challenges to the constitutionality of the death | | | | economic classes? And what if an innocent person is |
| penalty. | | | | found guilty and executed and new evidence in |
| In 1976 Greggv. Georgia reinstated the use of capital | | | | future reveals the improper judgment? |
| punishment in American states. | | | | Until 1960s it was assumed that capital punishment |
| Legal Process | | | | was permitted by Fifth Amendment, eight |
| The legal process for the death penalty in the Unites | | | | Amendment and fourteen Amendment. However |
| States is complicated and includes four stages: | | | | some Activists and movements tired to reform the |
| 1. Sentencing, | | | | process and its shortcomings: they believed that the |
| 2. Direct review, | | | | rules which were applied to criminals differed wildly |
| 3. State collateral Review and | | | | from state to state; they also argued that gas |
| 4. Federal Habeas Corpus. Recently a fifth stage has | | | | chambers and electrocution violated the eight |
| been included and is becoming an important process: | | | | Amendment as a cruel and unusual way of execution. |
| 5. Section 1983 Challenge which is a clemency or | | | | In 1972 the Supreme Court concluded that capital |
| pardon in which the governor or president of | | | | punishment is a cruel and unusual punishment and in |
| jurisdiction can unilaterally reduce a death sentence. | | | | Furman v. Georgia the court struck down the capital |
| Each of these stages is going to be explained briefly: | | | | punishment as a violation of the Eight Amendment. |
| Direct Review: | | | | The Furman decision stopped all execution in the |
| If a defendant is sentenced to death at the trial | | | | United States at least temporarily but did not abolish |
| level, the case goes to direct review. In this process | | | | it completely. In 1976 the court clarified the decision. |
| an appellate court examines the evidence presented | | | | In Gregg v. Georgia the court argued that Gregg, |
| in the trial court and decides whether the decision | | | | convicted of robbery and murder, could be executed |
| was legally right or not: if the appellate court finds no | | | | only if the jury considered both aggravating and |
| significant legal errors in capital punishment sentence, | | | | mitigating circumstances. This decision established the |
| the judgment will be affirmed; if significant legal errors | | | | constitutionality of Capital punishment. This decision |
| are discovered then the judgment will reverse; and if | | | | argued that if the juries consider all circumstances of |
| the appellate court finds that no reasonable could find | | | | every individual and investigate it properly then |
| defiant eligible for death penalty, which is very rare, | | | | ultimate death penalty is acceptable. |