On American Death Penalty Influenced By Federalism

The death penalty is a kind of penalty deprived of perpetrator's life for crimes committed provided in criminal law.As a type of penalty with long history,there is no doubt that the death penalty is cruel,bloody,uncivilized.It is a trend that more and more countries has abolished death penalty.All EU countries have already abolished the death penalty,and take the condition abolishing the death penalty as a precondition for joining the European Union for other countries.It is puzzling that in the world United States who has been holding high the banner of human rights remains a stubborn retention of the death as a typical representative country.The situation how the progress of abolishing death penalty develop in America plays a crucial role in the case of global abolition of capital punishment In this paper,it is divided the following four parts:1.The history of the death penalty in United States.According to different characteristics of death penalty system development in North America at different periods, it can be divided into three development phases:the colonial period,the late eighteenth century to the mid-nineteenth century,as well as contemporary.Common law judicial system was taken into North America by English colonists.American accepts English common law as their traditions.At the same time,the death penalty has also been taken into North American colonies.The first death penalty happened in British North American colonies,is in 1608 in Virginia.The first perpetrator sentenced to death is an officer serving Spain as spy.In Virginia colony law declared by the Governor,many minor offenses are listed in the death penalty.From the late eighteenth century to the mid-nineteenth century,in the United States and Europe it launched an operation mode of government reform because of the impact of Enlightenment thought and religious,which also involves reform of the death penalty.A lot of state legislative provisions prescribed that a little light to the dangers of a felony is no longer sentenced to death,including rape,theft,and arson.In the 20th century,before the case Weems v.United States,generally the executive and legislative bodies deal with the death penalty Discussion of the death penalty is not in the vision of courts,the executive authorities are to decide what kind of person was sentenced to death,as well as execution time and place, however,the case has given the justice system to have the chance to deal with the death penalty.Federal Supreme Court begins to take the eighth amendment of the federal constitution's "cruel and unusual punishment" as the standard to review the proportionality of the sentence(disproportionate).2.Federalism and the status quo of death penalty in United States.In accordance with the relevant charts and data,the character of death penalty is summed up the following:First, there is great delay in enforcing the death penalty;the period from sentencing a person death to enforcing death penalty is at least ten years after,and the annual number of death penalty sentenced to death is 1/50 of the number enforced to death.Second,the distribution of the death penalty is with a lot of difference.First of all,the otherness manifests in the regional differences,that is,the South and other areas on the death penalty is at noticeable differences. In addition,the difference is also reflected in the implementation rate of the death penalty in the various states.Third,every year many jailbirds who have been sentenced to death are released from the death penalty or death row.From the perspective of American federalism, the article is to interpret the status quo of death penalty.From the conceptual level,the federal government is the unity of self-government by the community;from the process level,the federation is a process,both have to be unified from nation-state.Looking from the structure level,there are many different forms to reflect federation.Separation of powers principles and the principle of federalism impenetrate throughout the constitution of United States which are basic principles of Constitution.Federal Supreme Court is the Federal regulators of the system.Once there is no regulation of the Court,federalism is almost impossible to successfully operate.American idea of federalism in the administration of justice is as a concrete manifestation of the field of judicial federalism.Judicial federalism usually followed in the interpretation of the Constitution to limit federal interference with state acts,and it will be considered inappropriate for violating the power of state.Emergence of regional differences in the United States for the death penalty and the implementation of the delay of justice are the result of the impact of federalism. 3.Federalism and the development of death penalty in the United States.The death penalty,as a penal system of states,belongs to a specific jurisdiction.In practice,states are free to decide to control the behavior subject to penalties and the penalties for giving such discretion which applies to the death penalty.In the United States,in the first 150 years of constitutional government,there are no special restrictions referred to the death penalty. States have the power to determine the retention or abolition of the death penalty,what crimes the death penalty can be applied,as well as when the accused face the death penalty applicable at the time of the special procedures.In 1958,in the case Trop v.Dulles,the Supreme Court define essential connotation of eighth amendment as "the evolution of appropriate behavior." After reviewing series of death penalty cases,Supreme Court take is as a constitutional standard of review.Reviewing the constitutionality of the death penalty cases, the Supreme Court is to practice the death penalty in criminal justice more fair and reasonable to be applied to avoid arbitrariness and bias.In the later death penalty cases,the Supreme Court established three principles of judicial review of,namely,guiding discretionary, individualized sentencing and the principle of a balanced review.Under the guidance of these principles,it also affects the specific rules in the application of death penalty,such as the objects of death penalty,and accuse of death penalty.According to the standard reflecting a maturing society progress of the "evolution of behavior in the appropriate benchmark," the Supreme Court takes it as fundamental guiding standards for death penalty to perform constitutional review.The connotation of "the evolution of appropriate behavior in the benchmark," should include the following aspects, namely,the objective evidence from the legislature,the objective evidence of the jury sentencing.The reason why the state Supreme Court adopt state legislation to assess whether there is a national consensus is that:first of all,the objectivity of its own;followed the administration of justice out of respect for federalism.However,the use of state legislation and the development of evaluation as evidence of the acceptability of the death penalty for a national consensus,in terms of the balance between federal and state relations,as well as the relevant provisions of the states in the development of autonomy concerned,they are contrary to the federalism.On Criminal Justice,the federal system is settled up to allow the purpose of existence on a variety of criminal law.United States federal system of state Permit legislators at a broad range of criminal and civil laws to do the "experiment" with a view to achieve the desired effect of society.Through the acts of other states to impose restrictions on a state is a serious twist and distort of United States federal system,but also over the past two centuries in the federal system.It brought about the flexibility and diversity vanishes.Complying with the idea of judicial federalism,but also violating with the nature of federalism,it cause a contradictory connotation.4.Federalism and the future of death penalty in United States.For hundreds of year's development of death penalty system,it both has its practical social,historical root,cultural and political development.The two factors impact on the future of death penalty that is institutional development of the death penalty and public opinion factors.Federal Supreme Court has always been and will probably be the main and very important institution to influence the death penalty states at the nationwide.In accordance with the Constitution of its judicial review of death penalty cases,federalism is an important constitutional principle, therefore,the death penalty in the future course of development,federalism is still the main factor.Public opinion is a long tradition of collective mind,and the mainstream of society are specific to particular groups of public affairs of cognition,emotion and will,attitudes,and values of the term.However,with the limitations of public opinion itself,public opinion factors and institutional factors interact to form on the impact of the death penalty,In short, the author believe that the death penalty in the future course of development,under the influence of federalism,strictly limiting the application of the death penalty is still the main theme.