Constitutional Death Penalty

As modern societies attempt to both deter and punish criminal activity, a deeply debated issue is the use of the death penalty as a possible sentence for certain crimes. This punishment has been debated amongst a diverse population not only in the United States of America but, throughout the world. Many countries allow the death penalty while others frown upon it. Today, 32 states have statutes authorizing a death penalty sentence for limited capital crimes.

     There are many reasons to both support and oppose the death penalty. Many people can feel very strongly about whether or not they approve of this method of punishment. I feel that the death penalty is wrong, and I believe that there is much support to back this up. I believe that the death penalty is wrong because it is not an effective deterrent, racially and economically bias, unreliable, expensive, and morally wrong of society.

The moral and ethical debate on the sentencing and enforcement of capital punishment has long baffled the citizens and governing powers of the United States. Throughout time, the interpretation of the U.S. Constitution, and the vast majority beliefs of Americans, have been in a constant state of perplexity. Before the 1960s, the Fifth, Eighth, and Fourteenth Amendments to the United States Constitution were interpreted as permitting the death penalty. However, in the early 1960s, it was suggested that the death penalty was a "cruel and unusual" punishment and therefore unconstitutional under the Eighth Amendment. Many argue that capital punishment is an absolute necessity, in order to deter crime, and to ‘make things right’ following a heinous crime of murder. Despite the belief that capital punishment may seem to be the only tangible, permanent solution to ending future capital offenses, the United States should remove this cruel and unnecessary form of punishment from our current judicial systems.

That question is a debate that has been occuring for years. The supreme court has previously ruled that the dealth penalty is not cruel and unusual punishment there for it is not violating the eighth amendment in any way. Despite how the supreme court has ruled the death penalty, there is still many arguments till this day on whether or not it should fall under cruel and unusual punishment. In 1972, the case Furman V. Georgia was brought in front of the supreme court to rule whether or not they believed the dealth penality was cruel and unusual. This case almost ruled out the death penalty, but that didn't last very long. In 1976, the case Gregg V. Georgia came in front of the Supreme Court and the earlier decision was changed because a majority vote believed that the dealth penalty was not cruel and unusual. Eventually four principals were established to decided whether or not punishment was cruel and unusual. The four questions were, is it degrading to human dignity? Is it arbitary? Is it rejected throughout society? Is it unnecessary? Which many states ended up believing that the death penalty were along the lines of those four principals. Clayton Lockett might be a tragic example of the death penalty going bad. He was getting injected, but the injection didn't kill him up until an hour after it was injected. He had to sit there and suffer and many would of

The state of Oklahoma alone has executed 195 people for crimes such as rape, murder and kidnapping. (“Crimes Punishable”) In the Constitution of the United States the eight amendment prohibits “cruel; and unusual punishment” inflicted on those who have been convicted of a crime. A total of 34 states have performed executions on people for various crimes. How do we know what is or isn’t “cruel; and unusual punishment”? Some would say the death penalty is stretching the ways of the law and others would say it is a complete violation of the constitution. The views of people are split evenly. People want others to pay for what they’ve done but may think that the death penalty is a little too extreme. Oklahoma is a very conservative state, and we like to do things the “old way”. With society changing so frequently we rarely match what the others states are doing and we could potentially be seen as a “bad” state. So the decisions such as whether or not to have the death penalty affects all Oklahomans and some aren’t okay with that. In the paragraphs below we will explore all aspects of the death penalty, and by the end we will find out what made the people decide the death penalty was constitutional and what exactly the people’s opinions on this subject are.

The Supreme Court has deemed it acceptable to use the death penalty in certain situations. Many states have a problem with this punishment although it was upheld as fair application in some instances by a court that is above theirs. In applying this punishment, there is due process to ensure that no innocent citizen should be wrongfully accused for a crime that they didn’t commit. As in any court case that ends up punishing someone, due process is an important and death penalty is a viable punishment as any other.

Constitutional. The death penalty itself has been proven unconstitutional through in depth studies. There has been a number of cases in which the convict is improperly executed. For instance, the case Glossip v. Gross was created because of a botched execution, unfortunately it was not ruled as a violation of the Constitution. “In June the Supreme Court ruled 5-4 in Glossip v. Gross that Oklahoma's use of the sedative midazolam in lethal injections did not violate the Eighth Amendment's prohibition of "cruel and unusual punishments” (Heyns and Mendez). There has been many other cases with a similar situation to this. The death penalty is not considered cruel and unusual, but due to circumstances in the past there is reason to believe that is not true. Many of the most recent incidents of cruel and unusual punishment was caused by lethal injections. The injections are meant to be the most humane way of killing the inmate, however it obvious in many situations that the killing is not humane. For example, cases have been reported of botched lethal injections, “The cross-country battle over lethal injection methods has taken on added importance since last year, when inmates in Ohio, Oklahoma and Arizona gasped, moaned or writhed in pain during the administration of a three-drug cocktail including the sedative midazolam” (Wolf and Johnson). Due to what those inmates went through during their

Death Penalty should be allowed under circumstances also known as capital punishment, where congress or any state legislature recommend the death penalty for murder and other capital crimes. Majority of the states are favor in death penalty, roughly around 32 states are favor and 18 states are against death penalty. In most cases, many argue that death penalty has violated the 8th amendment, where it bans cruel and unusual punishment. Therefore, they would go against death penalty. However, without the sentence to death, the chances of prisoner escaping prison are really high. If they are able to escape prison and get away with it, then they can continue committing crimes. Although some may argue that death penalty is harsh because if you kill someone; and then you take another person’s life, then why should yours be freed? I personally do not agree with death penalty because taking away another person’s life is not going to regain the victim’s life back. However, the victim’s family would want the person to be sentence to death, so the victim can rest in peace. I think that death penalty should be only allowed under circumstances, but then how can you really determined if the case should be ruled with death penalty? And how would the justice system know that they have made the correct decision? Did the decision of sentence to death turn out to be wrong, where the person is later found innocent? There are multiple of questions that people will be more concern about. The

There's a long history of capital punishment in the USA as it has been used since colonial times. The American constitution gives each state the right to govern over their own criminal laws. 31 states still have capital punishment and they use it on a number of crimes, including treason and crimes causing death, and use a number of different methods to kill those convicted of capital crimes. The death penalty has its supporters and opponents. Both groups have heated and emotional reasons for their point of view, plus, they each have their statistics to strengthen their argument. Additionally, each side uses the US Constitution to bolster their argument. Proponents use the Fifth Amendment which outlines the conditions for capital crimes. Opponents

The death penalty is a good source of punishment because if a person commits a murder they deserves to be punished. However, the death penalty is cruel, inhuman and degrading. The death penalty disregards the eight amendment; which states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (U.S Constitution). The death penalty is unconstitutional because it violation of the eight Amendment. The death penalty serves as a double negative. Why kill someone for committing a murder? The death penalty does not solve the crime, fix the problems that were caused by the crime, or teach anyone a lesson. Not only does the death penalty violate the eight amendment it also violates basic human rights.

The death penalty is unconstitutional and violates the eighth and fourth amendments. The Eighth Amendment was put in place to prevent the government from excessively

While criminals must be punished for their criminal actions, “legalized murder”, as author Coretta Scott King put it, is immoral. The death penalty is legalizing the very thing that many on death row are charged for, murder. There is a multitude of lawful alternatives, to the death penalty, of reestablishing a better reputation for the criminals. The Constitution has no true right to allow such a felonious form of rehabilitation.

In 1879, the United States Supreme Court ruled, by a vote of 9-0, that execution by firing squad was not cruel and unusual punishment under the Eighth Amendment of the Constitution. This began a long debate on whether or not a government reserves the right to punish those who have taken a life by taking their lives. There are many reasons as to why someone would be against capital punishment: it is not our right as humans to play God, it is against the constitution, the threat of capital punishment is not a valid deterrent, it is morally corrupt to take a life. All of these points are valid, and they represent the mindset of millions of Americans; however, capital punishment is a valuable asset to be reserved for only “the most heinous murders and the most brutal and conscienceless murderers” (Alice).

The death penalty is legal in thirty-two states. I shall argue that capital punishment should be abolished in our country because it is never moral to kill a human being no matter what they have done, because it often costs more money to keep someone on death row than to keep someone in prison for life, because of the men and women who are wrongly accused of a crime they did not commit, and because death is the easy way out.

What is the Constitutionality of the death penalty? Many say that the death penalty falls under Amendment Eight, being cruel and unusual; however both Amendment Five and Fourteen states that the penalty is fully legal with ¨Due law¨. Administration of the death penalty is rare, in fact, in the United States, the punishment cannot be excessive to the crimes committed. Even still, the United States government will not sentence a minor, nor a mentally handicapped to death, due to the lack of presence of mind found in such individuals.There have been several cases on whether or not the penalty by lethal injection is cruel or not, ¨Glossip v. Gross¨ being one of them, and the results consecutively come back as Constitutional. Many could say that because of Originalism the penalty is Constitutional, while others may say due to Living Constitutionalism it may not be legal. Both Originalism and Living Constitutionalism play a part in how the death penalty is applied and affects us today.