A Fair Trial And Punishment

1528 Words Apr 27th, 2016 7 Pages
Throughout the years, the definition of a fair trial and punishment has changed. In some ways, our Judicial System has gotten better; however, it has also gotten worse in some cases. Our Justice System no longer has a clear understanding of whether or not capital punishment is fair, constitutional, or should be fully utilized. Some people say that the use of capital punishment is unconstitutional, ethically wrong, and extreme. However, others say that Capital punishment would honor the victims and help console grieving families. It would ensure that the perpetrators would never get the chance to commit such horrendous crimes again. It would serve as a deterrent to other people who might commit the same or similar crimes in the future causing less tragedy and heartbreak. In many cases, like Kennedy v. Louisiana, many criminals get out of capital punishment because the crime did not result in the death of the victim. In Kennedy v. Louisiana Patrick Kennedy was convicted for the aggravated rape of his 8 year-old step-daughter and sentenced to death. The Louisiana Supreme Court affirmed the statute, rejecting the defendant 's reliance on Coker v. Georgia, which prevented the use of capital punishment for the rape of an adult woman. The Eighth Amendment, which bans the use of cruel and unusual punishment, bars Louisiana from imposing capital punishment for the rape of a child because the crime did not result in the death of the victim. This is just one example of…
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