On July 20, 2012 in Aurora, Colorado, James Holmes entered a movie theater at the midnight premiere of "The Dark Knight Rises" and killed 12 people. He threw in tear gas before entering and wore a gas mask when he did. He walked in with a shotgun, rifle, and pistol along with 700 pounds of ammunition. Holmes also rigged his apartment with explosives.
Holmes was convicted on 24 counts of murder, 140 counts of attempted murder, and one explosives charge. For a long time, the jury contemplated the death penalty. The jurors rejected Holmes' lawyer's insanity defense, so he could have received the death penalty. It's not permitted to give the death penalty to anyone that's been recognized as insane or extremely mental ill.
The final sentence was one life term for every person that he killed, plus 3,318 years for the attempted murders from the theater and his explosives. There was one lone juror that prevented the jury from having a unanimous decision, so they were unable to give the death penalty.
The death penalty dates back to…almost forever, actually. People have killing other people over conflicts, large and small, since humans started to interact. In historical writing, the death penalty is not directly referenced by the Eighth Amendment, but it does say that cruel and unusual punishment is not to be inflicted.
The debate over whether or not the death penalty counts as cruel and usual has been happening since the amendment was written. Some say that the worst crimes deserve the worst punishment, like death. Some say that killing others is unjust, even if they've committed horrible acts.
One side says that there are some terrible crimes that require a harsh punishment. Rape is the most common example, but some murders are gruesome enough to qualify as well. The argument is that the individuals that commit these crimes do not deserve to live any longer.
The other side says that more loss of life is not the answer and focuses on rehabilitation. The people that committed these crimes are still human, and they still deserve help. Life in prison is suggested as a more humane alternative to the death penalty.
James Holmes will live out the rest of his life and eventually die in a prison cell. He has absolutely zero chance for parole. Do his crimes qualify him for the death penalty or was his sentence correct?
