Mapping of the Death Penalty
Introduction
The death penalty is marked by some societal complexities in the US. There is a group of people that support its use while others condemn the use of the death penalty. There are rational decisions for using it such as reducing the cost associated with life imprisonment, is efficient in the elimination of threats, and helps restore social order. However, in the US the presence of independent states has led to the death penalty being applied in a skewed manner. This means that depending on the State that a murder is committed, the perpetrator may face the death penalty or not. As such, we shall look at how the Constitution’s reservation of some police powers has led to different criminal laws with the death penalty as the reference point.
Discussion
The US criminal justice system is unique in various aspects. In the matters that are not delegated to the constitution or the States, the states have the right to determine them as they see fit. This is stemmed from the statement in the tenth amendment that all that the states have not surrendered then they have retained (Smentkowski, 2020.) In this way, states have the reservation in the determination of policing, prosecution, and the vast majority of the criminal trials taking place. The state handles various criminal cases and has the provision of the death penalty which includes cases of people committing murders in high seas or foreign land.
The death penalty at the state level is allowed by the tenth amendment under federalism. The crime and determination of its punishment is a key aspect that is delegated in this area. The death penalty has most been identified and imposed by state governments but is limited by the fourteenth, eighth, and sixth amendments. The fourteenth amendment states that everyone has a right to due procedural process. In this way, a person accused of murder across the country has to be tried before a tested judge and jury. The sixth amendment secures the individual’s rights to a jury decision based on facts while the eighth amendment protects the individual from cruel punishment.
The accused individual, however, can be subjected to a death penalty as a punishment depending on the state. The decision lies between death or life imprisonment. This means that depending on where the murder takes place, then an individual has two options. But, does this mean that an individual using wit to murder in a state with non-death penalty measures is exempt? Well, that is a matter of intention and truly brings into light the realization that the prospect of a person to face either death penalty or life imprisonment squarely lies in the person’s ability to use wit and the geographical boundaries within which the murder takes place.
This also presents the weaknesses of US criminal justice under a multi-dimensional inconsistency paradigm. There is a high level of public opinion differences in the role of the death penalty in the US. There is a high media focus on the death penalty cases in the US as compared to the mass incarceration that takes place in prisons. According to the class notes, about 120 death sentences take place in the US annually. This high mismatch also means that there is a skewed look at the death sentence penalty by having a high level of attention on it.
Looking at the geographical diversity, the death penalty is exercised in 28 states as compared to 22 that do not have. The oldest state to abolish the death sentence in Michigan. This shows that there is a form of internal or regional conflict that takes place in the decision of the death sentence. This is perhaps linked to the historical aspect of death penalty practice, especially for extrajudicial killings. Although the principles remain the same in that the traditional extrajudicial killings were maximized as ceremonial displays with various mementos being circulated. The modern-day execution also glorifies the use of the death sentence if it is applied to murderers. As such, this is a controversial view that creates conflict as some may deem it archaic while others may find it appropriate. The result is the geographical diversity that is championed by the tenth amendment of the US Constitution.
Conclusion
In conclusion, the Constitution’s reservation of some police powers has led to different criminal laws among states especially in a matter dealing with the death penalty. Through the tenth amendment, there is the allowance of states to exercise their powers especially in issues that they have not surrendered to the US. When it comes to criminal police powers the US states have various rules on determination of crime, prosecution, and punishment. When it comes to the death penalty, 22 states do not exercise the practice. This difference can be linked to some historical aspects that have led to geographical diversity. Additionally, there is a difference in opinion among various people on the issue. As a result, facing the death penalty comes to the wit of a murderer as applied to the boundaries within which the murder and the surrounding circumstances take place.
References
Smentkowski, B. P. (2020). Tenth Amendment, United States Constitution. Retrieved from https://www.britannica.com/topic/Tenth-Amendment