The Government
The split between federal and state government was created in order to allow states to meet their individual regional needs while still being united under one government. For this reason, each state has its own severity of punishment for each crime. Committing crimes in one state may lead to different sentences depending on where one commits the crime. However, in most cases, the punishment severity only changes either the amount of money fined or the amount of time spent in prison. The punishments themselves remain universally the same (jail time, fine, community service, house arrest). However, the use of the death penalty differs between states. States have taken up the responsibility of determining the legality of the death penalty.
The federal government needs to create a clear stance about the death penalty. One of the primary reasons why the matter is given state to state is because the legality of the death penalty is often questioned. Some federal judges have ruled that the death penalty is unconstitutional implying it as an illegal punishment to use across the entire country. There are also judges that have ruled it legal and stand by the punishment as one that follows federal law. There are two main components of the death penalty that could be interpreted as breaking part of the constitution. The first is the right to a timely punishment. However, there are many cases in which someone is sentenced to the death penalty and not given it until much later if even ever. In 1978, California sentenced nine hundred people to death. Since 2014 only 13 have been executed. The reason we give criminals a swift and fair punishment is so that they are able to plan out the rest of their lives accordingly and so that there is no psychological terror inflicted upon them from not knowing their fate. However, the practice of sentencing and not executing inmates, inflicts unnecessary mental damage upon them. The second component is the "cruel and unusual punishment" clause. Some judges believe that the death penalty falls under "cruel and unusual punishment". The lack of safe executions and mental damage associated with a forced confrontation with one's mortality leads many to believe that the damage the death penalty causes is beyond what is necessary. With the question of constitutional integrity in the air, the federal government is vested into taking a side in the death penalty debate. |