PAD510Assignment 2 Essay

Submitted By pgreen70
Words: 1517
Pages: 7

Analyzing the Policy
Dapheny A. Wells
Dr. Thomas Walkington
Politics, Policy and Ethics in the Public Sector
February 17, 2013

This paper will discuss the historical perspective of the Federal Death Penalty Law, the Capital Case Review Procedure and indicate the context of the day and urgency of these policies. This paper will also analyze the social, economic and political environments for the times the policies were implemented. Critiques and effectiveness will also be discussed. A one page summary will be given on the Capital Case Review Procedure including the purpose, the context and recommendations from the policy to address the problem. Official players, unofficial players and interest groups involved with the policy will be identified. The roles and functions of each player will be illustrated. The political influence, motives, conflicts, interrelationships and impacts of the players on the policy will too be conversed.

Historical Perspective -Justice Policy: Death Penalty
The earliest instance of utilizing the death penalty goes back to the eighteenth century B.C. in Babylon. The death sentence was conveyed through crucifixion, drowning, beating to death, burning alive and crucifixion, drowning, beating to death, burning alive, and impalement. During the tenth century A.D. hanging became extremely common in Britain. The death penalty was intended for acts such as marrying a Jew, not admitting to committing a crime and betrayal. The procedures Britain exhausted for the death penalty includes boiling, burning at the stake, hanging and beheading. Britain began to execute individuals for acts such as cutting down a tree. Because the punishment was so severe for such petty crimes, juries would not convict guilty individuals. This eventually led to some reformations of Britain’s death penalty policy. (Randa, 1997) Britain was very influential on the justice policies in America. The European settlers, who traveled to America, are ultimately responsible for implementing the death penalty in America. The first undertaking of the death penalty in America dated back to 1608 in the state of Virginia. The death penalty was set up to punish individuals for crimes such as stealing grapes, trading with the Native Americans and killing chickens in the colony. America then started to administer the death penalty to individuals who hit their mother and father or deny God. (Randa, 1997)
Cesare Beccaria's essay, On Crimes and Punishment, caused policy makers to have a different view of the death penalty. The essay led to Tuscany and Austria to abolish their policy of the death penalty as a punishment for crimes. America, too, joined the bandwagon and started to take another look at the justice policy. President Thomas Jefferson created a bill to reconstruct America’s policy on the death penalty. The bill propositioned the death penalty would only be exercised for delinquencies such as treachery and killing. The bill could not be passed due to a lack of votes. (Schabas 1997) There were several significant cases that led to the modification of the death penalty policy in America. Trop v. Dulles, U.S. v. Jackson, Witherspoon v. Illinois, Crampton v. Ohio, McGautha v. California, Furman v. Georgia, Jackson v. Georgia, and Branch v. Texas were all cases that ultimately led to the reformation of the death penalty policy. The new policy emancipated the death penalty to only be enforced in cases of first degree murder. (Bohm, 1999)
Social, Economic, and Political Environment
Though there were not much historical data retrieved from the Babylonian era, there were still significant clues remaining to identify the structure of the Babylonian environment. The social environment during the very first encounter of the death penalty, which dated back to the Babylonian times, was very religious. The Babylonian religion was largely centered around civilization. There were no significant crimes being committed. There was no