Death Penalty

This essay has a total of 1210 words and 4 pages.

Death Penalty


By: Anonymous


This paper will fallow the process of a capital trial from arrest to execution. It will
discus the aspects of federal and state law, trial, appeal, and executions. It will go
into further detail on arraignment and the trail details of defense and sentencing. The
federal law on capital punishment begins with the constitution, which states in the eighth
amendment of the bill of rights that, no person shall be subject to cruel or unusual
punishment. Despite this and for the reason that it is the government that decides what is
cruel and unusual, capital punishment is still federally legal. Under the united states
code, title eighteen there are certain crimes that can be punished by death. Section
thirty-four of the said title and code says that any crime that results in the death of
any person can be punished by death. Section 1512 deals with witnesses, victims, or
informants. It states that anyone who kills or atemps to kill another person with the
intent to prevent the attendance or testimony at trail may be punished by death. Section
2332 states that who ever kills a national of the united states while the national is
outside the united states is subject to death if the killing is murder as it is defined.
Section 36 states that participants in any continuing criminal enterprise dealing with
controlled substances may be punished by death. Section 1992 states that whoever willfully
derails, disables, or recks any train used in interstate or foreign commerce can be
punished by death. Finally section 831 states that anyone involved in prohibited
transactions involving nuclear material can be subject to the death penalty. State laws in
capital punishment defer from state to state and vary in a wide range of crimes for which
it can be imposed. This range usually contains one or more of the fallowing, murder of a
law enforcement officer, vehicular homicide while under the influence, contract killings,
felony murder, first degree murder, or any murder. No matter the laws of the state are
certain states have and will always use their own discretion in handing down a death
sentence. This means that for what ever reason, be it social make up, religious make up,
or the simple fact that a death sentence may inhibit the prosecution, in that the jury may
be hesitant to take a life no matter what the crime, the death sentence is not always used
in all cases that it is allowed in. Add to this the differing state laws and the same
crime may draw different sentences in different states. The first step once a murder has
been reported is to get a suspect. After a suspect is determined and probable cause has
been established, a warrant will be issued for the individuals arrest. Upon arrest the
individual will be made clear of the crime of which he is being charged and his rights. He
will then be taken into custody. Once in custody he will make an initial appearance in
court, if the charges are not dropped the case will move on to a preliminary hearing. At
the preliminary if the charges are still not dropped bail or detention will be issued.
Fallowing this a date will be set up for a grand jury indictment, if the prosecution
successes in its indictment the individual will be arraigned. Supposing that the defendant
gives a not guilty plea and the charges have not been dismissed, a trail date will be set.
In the trial the defendant will be represented by a defense attorney and the people will
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