Death Penalty Cruel Or Unusual Punishment?

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

Capital Punishment is Not Only Unusual, But Cruel      The most widely known aspect of the eighth amendment is the fact that it prohibits cruel and unusual punishment. Cruel and unusual punishment is perceived as punishment that causes “an unnecessary and wanton infliction of pain” (Bailey). Is capital punishment cruel and unusual? It is one of the most controversial topics in America today. In effect since the 1600s, the US Supreme Court ruled that the death penalty was “cruel and unusual” in 1972 but reversed this decision when a "cleaner" way to bring about death was found in 1976 (Encarta).

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.

he death sentence has been around for all most all of our counties history starting with hangings and execution style deaths. The Fifth, Eighth, and Fourteenth Amendments stand behind the death penalty in the United States until the 1960’s when people started challenging the basic legal standards if the death penalty is correct. People started seeing the death penalty as a form cruel and unusual punishment and a way of it keeping our country in the “older times” During the mid-Nineteenth Century a movement called the Abolitionist Movement started to gain the county attention (especially in the Northeast) and the death penalty started to move out of the public eye and into correctional facilities. Pennsylvania being the first state to do so in 1834. Some of the first states to abolish the death penalty were

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

Some of the biggest opposers to capital punishment claim that it is unconstitutional and that is doesn’t comply with the “nor cruel and unusual punishments inflicted.” part of the 8th amendment. The fact that the United States is the only G7 nation that still practices capital punishment, that would fall under the “unusual” section of the 8th amendment. Also, the words of the 14th amendment state that “nor deny to any person within its jurisdiction the equal protection of the laws.”, in the court case Furman v. Georgia this was shown not to be the case. Furman was sentenced to the capital punishment, but he appealed it. Anthony G. Amsterdam who was assisting with the appeal claimed that Georgia’s death penalty violated the constitution by

The 8th amendment of the United States Constitution states that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Specifically, the idea of cruel and unusual punishment has been a topic of dispute since its inception. Although the United States practiced execution as a punishment beforehand, “the Supreme Court did not address the death penalty issue until 1972.” It is often debated how we are to define cruel and unusual because of the vague nature of the terms. Because it is thought that the terms were kept vague in order to keep up with new forms of cruel and unusual punishment that would come into being after the constitution was written, the standards for determining what is cruel and unusual has been set by “evolving standards of decency that mark the progress of a maturing society” meaning that it changes depending on what our society deems decent or indecent at the time. The problem is that our society has always been split on this issue. Whether it involves the death penalty or the quality of prisoner confinement, some hold the opinion that these people deserve to be treated as less than human because of the crimes they have committed. Others vehemently disagree saying that everyone, no matter what they’ve done, deserves to be treated as humanely as possible. Those of this opinion are generally opposed to the death penalty. For future interpretation of this facet of our constitution, the cruel and

Historically, executions have been around for a long time. The first established death penalty laws date as far back as the Eighteenth Century B.C. but didn’t make an appearance in the United States until 1608 (Part 1, n.d.). Death penalty is seen as a form of accountability for someone’s action. Most easily understood when you take a life, you lose your life--an eye for an eye. Nonetheless, over time people have started humanizing the situation and creating controversy. The Fifth, Eighth, and Fourteenth Amendments were interpreted as permitting the death penalty, until the early 1960s, when it was suggested that the death penalty was a "cruel and unusual" punishment, and therefore arguing it as unconstitutional under the Eighth Amendment (Part

The history of the death penalty goes back to the earliest civilizations where it was used to punish all sorts of crimes from robbery, to murder, to different forms of heresy. In the United States it evolved to just punish murder, treason, and some cases of rape. It has been an issue that has sparked a never ending debate that goes back to colonial times. The general public traditionally supported the death penalty in a majority with only a few politicians speaking out against it (i.e., Benjamin Rush, Ben Franklin and later on Horace Greeley). Once the U.S. gained independence, each state went back and forth in abolishing and reinstating the death penalty and methods of

The eighth amendment claims that there would be no cruel and unusual punishment. Furthermore, Williams writes, “In 1972, the U.S. Supreme Court suspended the death penalty on the grounds it violated the Eighth Amendment’s prohibition against cruel and unusual punishment (2011, 2)”. Supporters of this do not believe that it is fair to kill someone for a crime. The most common forms of executions in the United States are lethal injection, electrocution, and lethal gas. People believe that these ways of execution are in humane, and according to Williams article -- The Cost of Punishment -- “has no place in society”. Also, people who argue the death penalty say that it is a costly alternative to life sentencing in prison. ( quoted material from argues side cost of punishment.) It also says that on average it only takes twenty thousand dollars to keep an inmate in jail for a year, While the death punishment requires much more money to carry out. Whether it be because of the violation of the eighth amendment, or the cost to carry out, the death penalty is not in agreement with all of the American

The Death Penalty, to some, violates the 8th Amendment in the Constitution. This Amendment states that no cruel or unusual punishment can be inflicted onto another person. Others agree with this punishment because they say that if a person can inflict pain or torture to another person, then they deserve to get the same. This should not be the case. What if a person gets falsely accused?

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.

An Impassioned Debate: An overview of the death penalty in America depicts the facts about the eighth amendment. The eighth amendment is the prohibition on cruel and unusual punishments (Masci 1). There are two significant cases that have inflamed the debate over the capital punishment, The Baze v. Reese case, and the Kennedy v. Louisiana case. The first case reveals the strong debate that the execution by lethal injection is inhuman and in violation of the eight amendment. The second case inflamed the

The Death Penalty has been used in the United States since the very foundation of our nation; the first recorded case was the execution of Captain George Kendall in 1608 in the Jamestown colony as it was believed Kendall was a spy (DPIC). Americans have seen executions throughout history and are somewhat exposed to the idea but the 21st century is a very different place than the 17th century. This century is a time of equality and rights for people of all