Capital Punishment System

.docx
School
Grand Canyon University **We aren't endorsed by this school
Course
MAT 160
Subject
Law
Date
Oct 3, 2023
Pages
5
Uploaded by SuperDanger12225 on coursehero.com
1 America's capital punishment system Author Institution Course Instructor Due Date
2 The issue of wrongful conviction and execution in America's capital punishment system is a complex and sensitive one. It is clear that the system is flawed and has led to the execution of innocent people. The Constitution Project has proposed several recommendations to remedy these flaws. This essay will discuss three of these recommendations, namely the provision of better lawyers for poor people facing the death penalty, the requirement for prosecutors to turn over all evidence in a case, and the introduction of DNA test results in court. The first recommendation proposed by the Constitution Project is the provision of better lawyers for poor people facing the death penalty. It is a well-known fact that people who cannot afford to hire their lawyers often end up with public defenders who are overworked and underpaid. These lawyers do not have the resources or time to fully investigate a case, leaving their clients at a disadvantage (World Coalition, 2019). This is especially true in capital cases where the stakes are high. As a result, many innocent people have been convicted and sentenced to death because they did not receive adequate legal representation. To remedy this problem, the Constitution Project recommends that states provide better funding for public defender offices and ensure that these offices have the necessary resources to hire competent lawyers. Additionally, the project recommends that states adopt a system of appointing lawyers based on merit rather than political connections. By doing so, the project believes that poor defendants will have a better chance of receiving a fair trial and that the risk of wrongful convictions will be reduced. The second recommendation proposed by the Constitution Project is the requirement for prosecutors to turn over all evidence in a case. The withholding of evidence by prosecutors has been a major issue in wrongful conviction cases. Prosecutors have been known to suppress evidence that is favorable to the defense, leading to wrongful convictions. In some cases,
3 evidence has been deliberately hidden, while in other cases, prosecutors may not have realized the significance of the evidence they were withholding (Jones, 2010). To remedy this problem, the Constitution Project recommends that states adopt a system of mandatory disclosure of all evidence in a case. This would require prosecutors to turn over all evidence, whether it is favorable to the defense or not. Additionally, the project recommends that states impose penalties on prosecutors who fail to comply with this requirement. By doing so, the project believes that the risk of wrongful convictions will be reduced and that the integrity of the criminal justice system will be preserved. The third recommendation proposed by the Constitution Project is the introduction of DNA test results in court. DNA evidence has become a powerful tool in exonerating the wrongfully convicted. DNA testing can conclusively prove innocence or guilt and has been responsible for the exoneration of many people who were wrongfully convicted. Unfortunately, DNA testing is not always available, and many people who have been wrongfully convicted do not have access to this powerful tool. To remedy this problem, the Constitution Project recommends that states adopt a system of mandatory DNA testing in all capital cases. This would ensure that all available evidence is tested, and that innocent people are not sentenced to death. Additionally, the project recommends that states provide funding for post-conviction DNA testing for people who were wrongfully convicted before DNA testing was available. By doing so, the project believes that the risk of wrongful convictions will be reduced and that justice will be served. In conclusion, the issue of wrongful conviction and execution in America's capital punishment system is a serious problem that requires urgent attention. The Constitution Project has proposed several recommendations to remedy the flaws inherent in the system. These
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