Work Cited:

• 551 October term, 2004 Syllabus Roper, superintendent, Potosi, Colorado. U.S. Reports: Roper v. Simmons, 543 U.S. 551 (2005). (2005, March 1). https://tile.loc.gov/storage-services/service/ll/usrep/usrep543/usrep543551/usrep543551.pdf

• Linderd. (1987, April 22). McCleskey v. Kemp. https://law2.umkc.edu/faculty/projects/ftrials/conlaw/mccleskey.html

By Allison Brizuela

The death penalty has always been a very controversial subject. It is a form of capital punishment where an individual will be legally killed by the state for committing a serious crime. There are many issues surrounding the death penalty. Should the government have the right to legally kill someone who has been found guilty of a serious crime? There are many controversies that surround the death penalty. Such as wrongful convictions, human rights, and racial discrimination. The death penalty has been used over 1650 times in the U.S. Two main controversial cases include: McCleskey v. Kemp (1987) and Roper v. Simmons (2005).

McCleskey v. Kemp case, this case focuses on the death penalty and racial discrimination. It shows the amount of evidence required to show bias. Warren McCleskey was found guilty of armed robbery and murder in Georgia. He received the death penalty. However, this was contested due to a statistical study showing people who were accused of killing white individuals were more likely to receive a death sentence than those who were accused of killing black people. The death sentence was upheld by the supreme court as there wasn’t enough evidence to prove there was racial discrimination within McCleskey’s case. This case showed an important constitutional issue. Many argue there is racial inequality with sentencing. Many argue there should be more evidence to show there was a breach of the constitution. If there was enough evidence to prove there was racial bias then should the death penalty be proven to be unconstitutional? The death penalty is still controversial within the McCleskey v. Kemp case. The racial inequalities within the system are seen and proven to be intentional within the case. Although the court acknowledged the importance of statistical evidence they concluded there wasn’t enough. This created a constitutional violation due to the breach of the Equal Protection Clause. Racial inequality can be difficult to challenge, as the court concluded you need to prove there was intention to discriminate within the case. If the death penalty is being influenced by racial patterns then it raises questions about whether it was fair and consistent. The case shows the difference between evidence of inequality and fair evidence. Overall this case shows the conflict between personal legal standards and wider concerns about fairness.

Within the Roper v. Simmons’ case, age has been a key focus. Overall it shows whether juveniles who have committed murder should receive the death penalty. Christopher Simmons committed murder in Missouri, at the time he was just seventeen years old. His case was contested due to past supreme court rulings and laws that have changed. The court ruled that executing people for crimes committed under the age of eighteen breaches the eighth amendment. This means they cannot be executed as it would count as cruel and unusual punishment. The argument is that juveniles are still maturing and can be easily influenced. However, some argue that juveniles who have committed serious crimes should receive the toughest punishments. This ruling was significant because it showed that even if a crime is serious you should still take the offender's age into consideration. The reasoning behind the ruling shows one reason why capital punishment is controversial. Whether someone should or shouldn't receive the death penalty is a moral question. Roper shows that due to constitutional protection there are limits to how far the government can go. The Supreme Court ruled that executing individuals for crimes committed while they were under the age of eighteen breached the Eight and Fourteenth Amendments. This was because juveniles are less mature and have limited understanding of the consequences of their actions compared to adults, therefore reducing their personal responsibility as concluded. Should the age of the person committing the crime affect whether they receive the death penalty? Should someone who has committed murder as a teenager ever receive the death penalty?

Proponents of the death penalty argue it provides justice for the victim and holds individuals accountable for their crimes. However, opponents argue the death penalty isn’t fair or consistent. Both the Supreme Court Cases Roper v. Simmons, 543 U.S 551 (2005) and McCleskey v. Kemp, 481 U.S 279 (1987) show why the punishment is controversial. It shows there is controversy around making a decision. It is not simply deciding if the defendant committed serious crimes but whether the punishment is appropriate and whether it was a fair legal process. Roper shows there is a constitutional limit to how old the offender can be. Juveniles cannot be treated the same as adults. McCleskey shows how difficult it is to prove there was racial inequality within sentencing. These cases show the difficulties of finding a balance between justice, constitutional rights, and equality.

Justice or Cruelty?

The Death Penalty Controversies