Capital Punishment Is A Cruel And Unusual Punishment

1942 Words Nov 25th, 2014 8 Pages
Capital punishment is defined as the legally authorized killing of someone as punishment for a crime. There are many arguments that are for and against the death penalty. Majority of these arguments contain broad categories ranging from morality to attorney quality. Although most would support that capital punishment is the closest penalty for murder it is still used unequally across the prison populations. Capital punishment is a practice that the judicial system should abolish for the future generations.
The death penalty is unconstitutional and violates numerous amendments. Capital punishment violates the 5th amendment because it violates the due process clause by denying the opportunity for exoneration. Since the process of an execution can immobilize a person from being able to speak if they are in pain it is viewed that the death penalty is a cruel and unusual punishment which violates the 8th amendment. The violation of the 8th amendment also applies to juveniles and mentally retarded criminals because they do not have the capacity to understand that the crime they committed was a societal wrong. Statistically, the amount of people who are convicted are generally from the same societal class. Due to this evidence, it was decided that the death penalty violates the 14th amendment because those who cannot afford adequate lawyers are not represented equally under the law.
Many would suggest that capital punishment is an effective deterrence when in reality it has…
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