Capital punishment pros and cons are often the subject of heated debates. Whilst many individuals cite reasons against capital punishment, the large majority of states continue to maintain the death penalty in order to inflict punishment, protect society, and deter other criminals from taking part in similar detrimental crimes.
Due to the large number of capital punishment pros and cons, the State prosecuting a capital case must ensure that all of the necessary procedures are effectively carried out in order to guarantee that the defendant is guilty of the crime in question and that the death penalty is a warranted punishment.If the jury finds the defendant to be guilty, then the case will progress to the sentencing phase.
During this phase of the court process a judge will weigh the capital punishment pros and cons. He or she will need to seriously consider the reasons for and against capital punishment in a particular case, considering all of the conditions and aspects of the crime in question, including the severity and brutality of the crime, the motivation, and any remorse that is being expressed by the defendant.
Once the judge has weighed all of the capital punishment pros and cons, he or she will determine whether the defendant will be sentenced to life in prison or to death.
During the appeal process, the defendant will attempt to present the court with sufficient reasons against capital punishment. Officials will determine whether the evidence that was presented is an adequate basis for capital punishment, whether legal errors were present during the hearing, and whether the defendant's court-appointed attorney was successful in providing the defendant with adequate legal counsel.
If the defendant can prove that any of these factors were compromised, then the appeals court will overturn the ruling and the case will go back to trial. If the appeal does not overturn the sentence, then generally only the governor of the state in which the capital trial is occurring may choose to grant the defendant clemency.
If clemency is granted, then the offender will be pardoned of capital punishment and will instead receive life in prison. If clemency is not granted, then a date will be set for the execution of the convict.
There are various capital punishment pros and cons, and because of the nature of capital punishment and the heated debate surrounding the death penalty, states must ensure that all necessary steps are carried out in order to guarantee that no irreversible mistakes are made, as well as that the defendant is granted all of their Constitutional rights.
