Cruel And Unusual Punishment Essay

In the United States Constitution, the 8th Amendment prohibits the use and practices of cruel and unusual punishment. What exactly is considered to be cruel and unusual punishment? This question is a hot topic among America's many different current controversies. Many people are saying that the use of capital punishment (to be sentenced to death as a penalty in the eyes of the law [a capital crime]. An execution [capital punishment]) is a direct violation of the 8th Amendment to the Constitution of the United States (Capital Punishment). They say there should be another way to deal with these criminals other than having them executed. The purpose of this paper is to give a brief history of the death penalty

The death penalty also known as capital punishment is an execution in which the person who committed the offence is put to death by the state. It was first practiced in Jamestown colony, 1608. The person was hanged for spying for the Spanish government and was the 1st person sentenced to death in America. Since then, it has been a form to punish the criminals for committing such heinous crimes and putting end to violence and crime rates. Despite how people agree that the death penalty is justifiable, however; it still violates the international human rights laws. These laws were created to protect the lives of all human beings including the criminals, who some might agree they do not deserve to live. Even though some might say that the

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

There are currently 31 states with the death penalty. The states are Alabama, Louisiana, Pennsylvania, Arizona, Mississippi, South Carolina, Arkansas, Missouri, South Dakota, California, Montana, Tennessee, Colorado, Nebraska, Texas, Florida, Utah, Nevada, Georgia, New hampshire, Virginia, Idaho, North Carolina, Washington, Indiana, Ohio, Wyoming, Kansas, Oklahoma, Kentucky, And Oregon. All of these states have lethal injection. Three have hangings. Eigth have electrocution. Three have lethal gas. Two have firing squad. There are eighteen states without the death penalty. The states are Alaska, Michigan, Vermont, Connecticut, Minnesota, West Virginia, Delaware, New Jersey, Wisconsin, Hawaii, New Mexico, Illinois, New York, Iowa, North Dakota, Maine, Rhode Island, Maryland Massachusetts.Maryland was the most recent to abolish the death penalty in the year 2013.

In the United States Constitution, the Eighth Amendment prohibits the use and practices of cruel and unusual punishment. What exactly is considered to be cruel and unusual punishment? This question is a hot topic among America 's many different current controversies. Many people are saying that the use of capital punishment to be sentenced to death as a penalty in the eyes of the law. An execution or capital punishment is a direct violation of the Eighth Amendment to the Constitution of the United States. (84)

There are currently 31 states with the death penalty. The states are Alabama, Louisiana, Pennsylvania, Arizona, Mississippi, South Carolina, Arkansas, Missouri, South Dakota, California, Montana, Tennessee, Colorado, Nebraska, Texas, Florida, Utah, Nevada, Georgia, New hampshire, Virginia, Idaho, North Carolina, Washington, Indiana, Ohio, Wyoming, Kansas, Oklahoma, Kentucky, And Oregon. All of these states have lethal injection. Three have hangings. Eigth have electrocution. Three have lethal gas. Two have firing squad. There are eighteen states without the death penalty. The states are Alaska, Michigan, Vermont, Connecticut, Minnesota, West Virginia, Delaware, New Jersey, Wisconsin, Hawaii, New Mexico, Illinois, New York, Iowa, North Dakota, Maine, Rhode Island, Maryland Massachusetts.Maryland was the most recent to abolish the death penalty in the year 2013.

The legal question raised by the facts was “Do states the states violate the Eight Amendment's ban on cruel and unusual punishment by imposing the death sentence for the crime of child rape?” The answer was yes. By applying the death penalty in such a case would be an exercise of "cruel and unusual punishment" in violation of a national consensus on the issue. Justice Anthony Kennedy stated the opinion in which the court focused on. Justice Samuel Alito, joined by Chief Justice John G. Roberts and Justices Clarence Thomas and Antonin Scalia, dissented. In his view, no national consensus existed prohibiting the death penalty in this case, and he vehemently opposed the majority's application of a "blanket rule" barring the death penalty in child

The argument for unusual and cruel punishment in the context of execution by lethal injection is that the person suffers pain in the process of being killed. This stems, for example, from the fact that an inmate that is being

My case is about a junior in high school and he calls a trial for cruel and unusual punishment. James Ingraham was a 8th grader at the time he was beat by the school principal with a paddle. He was paddled without any hearing that he was being punished and was hit 20 times and needed medical attention afterwards. During his beating, he was held down by the assistant principal, Lemmie Deliford, and by an aid, Solomon Barnes. This situation was relatable to another student named, Roosevelt Andrews, who was also paddled without any warning that he was being punished. They are fighting in court that it was cruel and unusual punishment and students should get a warning before getting punished. The students are fighting against the school for cruel

Nonetheless, despite the opposing arguments mentioned earlier, they still fail to understand that life sentences for juvenile murderers are still a “cruel and unusual punishment”, as stated in the U.S. Constitution. As for the phrase, “once a criminal, always a criminal”, and whether it holds true or not for juvenile criminals, it is obvious that, in reality, it only holds true because of the living conditions for them. Perhaps the main reason for the probation violation Jose committed after being released from juvenile hall, as mentioned in “FrontLine's” article about him, was because he was held for such a long period of time, specifically for “...208 days in juvenile hall”, as mentioned in the article. Fundamentally, jail becomes a home

    To begin with, the death penalty violates the United States’ Constitution. Under the U.S. Constitution amend. VIII, section I, cruel and unusual punishment is prohibited. For a proper and painless execution, the states use a substance known as barbiturate sodium thiopental. The thiopental serves as an anesthetic and causes the patient to become unconscious. What many people are unaware of is that thiopental is a controlled substance and can be very hard to obtain, even for an execution. In order to avoid the trouble of obtaining thiopental, states began to look to alternative drugs, but not all of the drugs had the same anesthetic effect as thiopental. Two drugs specifically, midazolam and hydro-morphone, were tested in Ohio on a prisoner named Dennis McGuire. Not only did this execution take twenty-six minutes, but McGuire was also seen with his fists clenched and choking for ten minutes. No words, other than cruel, can accurately describe McGuire’s execution. As well as cruel, unusual accurately describes the death penalty.

Every day, we as humans in a society make decisions that are varied in severity: What to eat for breakfast or which pairs of shoes to wear compared to other choices such as which educational institution to attend or which future occupation to pursue. When making a decision, there are numerous ways of reaching a conclusion. Ted Palys and Chris Atchison’s fifth edition of Research Decisions: Quantitative, Qualitative, and Mixed Method approaches, introduces the quantitative and qualitative approaches of research. As both are the main research approaches used in the academic world, many have found themselves promoting either one of the two, becoming purists of their methods. But is this necessarily the case for James Bonta and Paul Gendreau’s Reexamining the Cruel and Unusual Punishment of Prison Life, and Julian V. Roberts and Michael Jackson’s Boats Against the Current: A note on the Effects of Imprisonment, or could either of them be classified as pragmatic researchers, as defined by Anthony J. Onwuegbuzie and Nancy L. Leech in On Becoming a Pragmatic Researcher: The Importance of Coming Quantitative and Qualitative Research Methodologies? To an extent, Bonta and Gendreau have taken the quantitative approach to research, whereas Roberts and Jackson can be seen to have taken the qualitative approach to their research.

Cruel and unusual? This is one of the main questions debated when dealing with capital punishment. Capital punishment, or the death penalty, has been used for centuries as a means to discipline those who have committed heinous crimes. As time has progressed, so have the methods of executions including hanging, firing squads, electric chair, lethal gas, and lethal injection. The question that continues to arise surrounds the idea that these methods are being perceived more and more as cruel and unusual. Capital punishment is cruel and unusual, costly, does not deter crime rates and should be ruled unconstitutional in all states.

2. Some of the more ‘cruel forms of capital punishment are not used these days. 35 states use only lethal injection as a form of capital punishment. The remaining states use lethal injection as a main means of punishment, but they also have alternatives that are sometimes used, such as; gas chamber, firing squad, electric chair, and hanging. Lethal injection is not cruel. The inmate is given drugs to put them to sleep, and other drugs to paralyze them so they do not feel anything.

Cruel and unusual punishment, as the fourteenth amendment states it, is defined as torture, deliberately inflicting punishment, and/or a form of abuse that is too severe and relentless for a particular crime committed. If you ask me, the death penalty is the epitome of cruel punishment, because it is the ultimate punishment; death itself. Basic human standards are thus compromised. People in favor of the death penalty might say that the methods of executing an inmate have become less cruel. They believe that somehow injecting a lethal dose is less cruel than hanging, electrocuting, or exposing someone to poison gas. Regardless what they think, the act of injecting someone with a lethal dose still has the same end result, with death.