Death Penalty : A Capital Crime And For Murder

The Eight Amendment entails that every penalty inflicted by the government be in proportion with the crime entrusted by the defendant. Penalties that are unreasonably inconsiderate will be turned over on petition. For instance, punishments that have been turned over for being irrational are two Georgia (Coker v. Georgia, and Eberheart v. Georgia) decrees that ordered the death penalty for rape and kidnapping. According to the Supreme Court, the Eighth Amendment prohibits some penalties completely, and prohibits some other penalties that are extreme when evaluated to the offense, or to the capability of the performer. The U.S. Supreme Court interpretation of the

The Eighth Amendment of the United States Constitution protects us to not be putted into cruel and unusual punishments, but when it comes to the death penalty, things become more complicated. In my personal opinion, I believe the absolute interpretation of the 8th Amendment and that the death penalty undoubtedly violates the 8th Amendment. Looking at the case of “Furman v. Georgia (1972)”, the Court invalidated death penalty laws in the end because the justices considered the punishment of the death penalty was too cruel and unusual to the Furman’ sin, accidentally killing people, and disproportionately using the death penalty would result in more serious problems to the poor and minorities. This decision fully reflected the reliability of

The death penalty is the punishment of execution, administered to someone legally convicted of a capital crime (law.cornell.edu, 2015). The first Congress of the United States authorized the federal death penalty on June 25, 1790 (deathpenalty.org, 2011). The death penalty can also be referred to as capital punishment, however capital punishment also includes a sentence to life in prison, as opposed to strictly executions. A convict can be sentenced to death by various methods including lethal injection, electrocution, gas chamber, firing squad, and hanging. After the death penalty was established, many debates have arisen arguing that these methods violate several of the United States’ Amendments. Select cases have been accused of violating the Sixth, Eighth, and Fourteenth Amendments. It is important to note that the judiciary goes through a series of processes prior to deciding a sentence for a capital crime. Many factors influencing the verdict include proportional analysis, individualized sentencing, method of execution, and classes of people not eligible of the death penalty. This paper will discuss brief descriptions of the methods used for executions, economical issues, the Supreme Court’s opinion regarding the death penalty, as well as important factors that make up the proportional analysis, individual sentencing process, method used, and determining classes of people who are not eligible for the death penalty.

Capital punishment, otherwise known as the death penalty, is a controversial subject which has been argued for decades due to the ethical decisions involved. People believe the death penalty is the right thing to do and that it is the perfect example of ‘justice’ while others believe that it is immoral and overly expensive. The death penalty is not a logical sentence for criminals, it doesn’t give them the right type of justice and it is immoral.

The eighth Amendment states that the government is prohibited from cruel and unusual punishment. The death penalty is a complete violation of this amendment. Every one, guilty or innocent has the right to live freely, and the government taking away this simplicity of rights, is unconstitutional.

Hannah Patrick, one has only to look at some of the cases such as Coker v. Georgia to feel that the death penalty does not violate the Eight Amendment’s ban on cruel and unusual punishment. However, the U.S. Supreme Court says it is excessive punishment for the rape of an adult woman and that it violates the Eighth Amendment prohibition of cruel and unusual punishment. In Coker v. Georgia, the defendant raped a woman and stabbed her to death. Eight months later he kidnapped another woman, raped her twice, and abandoned her to die after biting her severely. While he was serving multiple life terms in prison, he escaped and kidnapped, raped, and robbed a third woman at knifepoint (LeSage, 1978). I do not see how you can read about this case and decide as the U.S. Supreme Court did.

Death penalty violates the eighth constitutional amendment. Death is both unusually severe punishments, unusual in pain, in its enormity and its finality. It does not serve as a penal purpose effectively but a less severe punishment. The constitutional infirmity in the death punishment is that it treats human race members as nonhumans and as objects that need to be toyed with and discarded. It is thus not in consistent with the fundamental premise of the Clause that even the criminal who is the vilest still remain a human being possessed of common human dignity. Death penalty, therefore, subjects human beings to a fate that is forbidden by the principle of civilized treatment that is guaranteed by the clause. It is, therefore, clear that according to this clause, death today is cruel and unusual

The Eighth Amendment is intended to protect prisoners before they’re tried and after they’re convicted. It restricts excessive bail, fines, and cruel and unusual punishments. When looking back at laws from early America compared to the laws now, they were dramatically different regarding the death penalty. For example, in the 1600s, the Divine, Moral and Martial Laws, which provided the death penalty for even minor offenses such as stealing grapes, killing chickens, and trading with Indians, was proposed. Now, capital or first degree murder are typically the only offenses that will result in the death penalty as a punishment, where a couple hundred years ago people could get executed for simple, foolish offenses. Additionally, the Roper v.

The justice system is filled with opposition. Those who support the use of Supermax, the death penalty and the execution of those who are mentally retarded and juveniles, and those who oppose the above mentioned. The following essay will discuss all mentioned topics.

11. ___ Restorative justice____is an attempt to make the criminal whole again and uses the restorative justice sentencing model.

Following the appeal, the Supreme Court held that the clause held in the Eighth amendment, the Cruel and Unusual Punishment clause did not in any way give the authority of punishing rape cases with death penalty to any state. This effectively meant that the punishment by death could no longer be handed down to the suspect in the case where the victim never died and hence the death sentence at the state level was restricted to the crimes against the state like espionage, treason and such like.

In the case of Corker v. Georgia, we see that Corker escaped from a correctional facility in Waycross, Ga in September of in1974 where he then found and entered the home of the Carvers (Brody and Acker, 2010). While at the home of the Carvers Mr. Corker

Mahatma Gandhi echoed the phrase, “An eye for an eye makes the whole world blind.” Capital punishment has been a process of punishment since time before Christ. Capital punishment or the death penalty, is the process of punishing, an individual, by execution for committing a crime. One moral theory to justify this process of punishment is cited in Mark Timmons’s book Disputed Moral Issues: A Reader. The consequentialist theory states, “A specific punishment for a certain crime is morally justified if and only if it would likely produce at least as much overall intrinsic value as would any other alternative punishment.” (Timmons, 535) However, this theory has multiple issues in justifying the death penalty, which would be consider a negative consequence. These issues are execution of innocent people, financial cost of executions, and the belief that executions are a deterrence.

America’s criminal justice system is based on equality, integrity, and fairness. All criminals are treated the same, given the same rights, and punished fairly based on their crimes. However, despite that, there are many controversial topics regarding the criminal justice system, such as the death penalty. Capital punishment has been used many times in history all around the world, and it was quite popular. Many people argue that capital punishment is useful in deterring crime and that it is only fair that criminals receive death as punishment for a heinous crime. On the contrary, others see the death penalty as a violation of the 8th amendment. It restricts excessive fines, and it also does not allow cruel and unusual punishment to be inflicted upon criminals. Although there have been many court cases discussing capital punishment, there is still much confusion regarding whether it violates the 8th amendment or not. Capital punishment is a very significant, and very controversial topic that has been around for a long time; the death penalty is still being argued today, with persuasive arguments on both sides.

1. If the death penalty is a severe and degrading punishment, is inflicted arbitrarily, is rejected by almost everyone is society, and is not more effective as any lesser punishment, then the death penalty is against the Eighth Amendment.