Death Penalty : Cruel And Unusual Punishment?

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Death Penalty: Cruel and Unusual Punishment? Yvette Y. Rushing Northwest Florida State College Abstract The death penalty has been has been questioned about whether it is a reasonable sentence based on our 8th Amendment Right which protects us from cruel and unusual punishment. In the 1976, Gregg v. Georgia case the U. S. Supreme Court has chose to uphold the death penalty. The only way an offender can be sentenced to the death penalty is if they have intentionally taken the life of the victim. A large number of Americans are afraid of putting an innocent individual to death for a crime they did not commit. Offender’s that are found to be guilty and sentenced to the death penalty sit on death row with more the adequate time to file appeals to their sentences. The average offender spends at least a decade on death row. A Direct Appeal begins with the state’s highest court when anyone is sentenced to the death penalty where offenders are given the opportunity to have the death sentenced overturned. In some states, it is required however, in other states it is the offender’s decision. After the completion of this appeal, it is the offender’s decision to attempt another appeal in a higher court, in attempt to get the sentence of death overturned. If the offender does not get the sentence overturned, the offender will remain sentenced to death most likely by lethal injection; lethal injection is a less painful more humane way to execute the offender. Some states allow
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