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Death Penalty

On June 20, 2002 the Supreme Court of the United States handed down a monumental decision in Atkins vs. Virginia, declaring in a six to three decision, that it is unconstitutional for any state to utilize the death penalty on mentally retarded offenders, sparing Daryl Renard Atkins life. In the following days the Supreme Court also made another historical decision by proclaiming, the death penalty verdict in a capital punishment case may only be granted by a jury, and not by a single judge. Neither of these two outcomes abolishes the death penalty, instead the new rulings set guidelines to the controversial issue of the death penalty. The death penalty in its new current state is reflecting this country’s movement to viewing this important issue by way of conflict theory rather than that of the past which consisted of an order perspective.

In the case heard by the Supreme Court, Daryl Renard Atkins was accused of going into a convenience store with a hidden handgun and began to ask people for money. Eric Nesbitt a 21 year old airman entered the store and talked to Mr. Atkins and proceeded to leave. Mr. Atkins then followed Eric to his truck forced his way into it. He then robbed Eric of his money and insisted he drive to an at


Since 1976, the year in which the death penalty was deemed constitutional in Gregg vs. Georgia, more that 800 people have been executed in 32 states that approved the uses of capital punishment. Of these 800 executions 480 took place between the years 1990 and 1998, a fourfold increase over those executed in the preceding 10years (Criminal Behaviour and Mental Health). This dramatic increase in the number of executions reaffirms the United States enduring philosophy of “An eye for an eye, a tooth for a tooth”. This philosophy can be linked to the order theory which places blame directly on the victim, in this case the deceased; the court system then retaliates by handing out a death sentence to rectify these horrific acts of violence and to ensure the security of the judicial system. Through the view of the order perspective, a criminal who commits a crime in the first degree which is eligible for the death penalty, should be placed on death row and await capital punishment.

Mr. Atkins was clearly violated of his right to education in school. He became a victim of the tracking system, a system designed to help student like himself. The tracking system deliberately places sluggish performers in school together in the same classes so that they might learn at a much more comfortable rate. Meanwhile the remaining students are placed in the upper division track or the regular tracks which perform at substantially higher rates while keeping them isolated from the slower tracks. This isolation breeds the mentality that students feel superior to others who are placed in the sluggish tracks. These tracks may also be linked to the potential job types that students may for see in their future,

The verdict that spared Mr. Atkins of his life showcases that since was denied a proper education and received minimal help from society, he was obviously a victim of society and could not be put to death. The ruling by the Supreme Court set a new standard for special cases in which the death penalty can not obtained, sparing over one hundred prisoners along the way.

The shift of thought from the order perspective to the conflict theory in past generations can claim credit for key issues such as: the civil rights movement

Some topics in this essay:
Johnny Cochran, African Americans, Eric Nesbitt, Supreme Court, United Constitution’s, Mental Health, Justice Statistics, Alber Camus’s, Court United, death penalty, Renard Atkins, capital punishment, supreme court, african americans, judicial system, conflict theory past, daryl renard, renard atkins, defense team, mentally retarded, acts violence, daryl renard atkins, capital punishment granted,

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Approximate Word count = 1505
Approximate Pages = 6 (250 words per page double spaced)


  

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