California’s Death Penalty Law: Cruel and Unusual Punishment
California’s Death Penalty Law: Cruel and Unusual Punishment:The California’s death penalty has proved as one of the most controversial laws in the American history. The proponents of the death penalty law base their argument on the premise of saving lives and protecting the citizens from capital offenders. However, the case against the death penalty law seems to weigh more. The American Civil Liberties Union argues that the death penalty is unconstitutional, and that it violates the constitutional prohibition of cruel punishment, and contravenes the due process of law and equal protection. Other arguments against the death penalty are based on premises such as inadequate legal representation, lack of crime deterrence, racial biasness, high costs, and arbitrary application of the law.
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Death penalty has been tainted with bloody incidences of botched methods where victims have gone through painful and inhumane deaths. Due to frail defense counsel, poor representation, poor investigation, arbitrariness of the judicial process, racial discrimination, and force witness, innocent people have been convicted and killed. The proponents have softened the institutional killing and imposed a huge burden on the taxpayer. Nevertheless the death penalty still remains unconstitutional, cruel, barbaric, ineffective, biased, and non-deterrent as compared to alternatives.
Arthur, Judge. A. and Paula, Mitchel. M. “Executing the Will of the Voters?: A roadmap to mend or end the California legislature’s multi-billion dollar death penalty debacle.” Loyola of Los Angeles Law Review, 44.41 (2011).
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