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Current Death Penalty Sentences: Arbitrary

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Essay / Research Paper Abstract

3 pages in length. In light of the definition of arbitrary, if the death penalty was outlawed for being capricious based on the lack of guidelines, it stands to reason that current death penalty sentences fit the definition of arbitrary. One only need look at the most recent episode involving a potential death penalty case where a teenager knowingly took the life of another human being but is being tried as a juvenile without possibility of death. In essence, the decision to arbitrarily impose the death penalty upon only one of two individuals who both committed the crime of murder simply because one is over eighteen years of age speaks to a wholly subjective and illogical judicial system. Bibliography lists 3 sources.

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3 pages (~225 words per page)

File: LM1_TLCDthPnArb.rtf

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current death penalty sentences fit the definition of arbitrary. One only need look at the most recent episode involving a potential death penalty case where a teenager knowingly took the life of another human being but is being tried as a juvenile without possibility of death. In essence, the decision to arbitrarily impose the death penalty upon only one of two individuals who both committed the crime of murder simply because one is over eighteen years of age speaks to a wholly subjective and illogical judicial system. The extent to which this teenager understood the ramifications of such a criminal act is both grand and far-reaching; that he is a year or two below the age of eighteen has no bearing whatsoever on his understanding of wrong versus right. Indeed, the moral and ethical light switch does not automatically illuminate when one turns eighteen, but rather it is something cultivated all throughout ones adolescence. According to Justice Scalia, speaking in conjunction with Chief Justice Rehnquist and Justice Thomas: "It is entirely consistent to believe that young people often act impetuously and lack judgment, but at the same time, to believe that those who commit premeditated murder are - at least sometimes - just as culpable as adults" (Taylor, 2005, p. PG). Capital punishment was not only utilized as a painful means of death, but it was also a way of demonstrating ones mistakes in front of the community. It was a grand way in which the guilty not only paid for their crimes by forfeiting their lives, but it also served as a way to forcibly inflict extreme humiliation while they suffered imminent death. The presumption was that those who witnessed such an act ...

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