Death Penalty Violates The 8th Amendment Essay

The Eight Amendment to the U.S. Constitution “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted”, proposed on 9/25/1789 and approved on 12/15/1791. The cruel and unusual punishment confines the harshness of penalties that state and federal governments may inflict upon ones who have been condemned of a criminal offense. The excessive fines phrase restricts the amount that state and federal governments may possibly fine an individual for a specific offense. The excessive bail phrase limits legal judgment in setting bail for the discharge of persons indicted of an illegal action during the time following their capture but prior to their trial.

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

Throughout the United States an argumentative topic is the death penalty - should it be legalized across the 50 states or be declared unconstitutional? Some believe the death penalty is a better option for those who deserve the highest form of punishment available. However, others argue capital punishment is a waste of resources and should be brought to an end. Therefore, while many believe the death penalty should be legalized throughout the United States because it offers a higher form of punishment, others believe the death penalty should be repealed because it causes unnecessary deaths.

     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.

Why is the death penalty used as a means of punishment for crime? Is this just a way to solve the nations growing problem of overcrowded prisons, or is justice really being served? Why do some view the taking of a life morally correct? These questions are discussed and debated upon in every state and national legislature throughout the country. Advantages and disadvantages for the death penalty exist, and many members of the United States, and individual State governments, have differing opinions. Yet it seems that the stronger arguments, and evidence such as cost effectiveness, should lead the common citizen to the opposition of Capital Punishment.

Aside from the eighth amendement, its also questionable if the death penalty disobeys the Declaration of Independence. In the Declaration of Independence it is stated that everyone has the right to " life, liberty, and the pursuit of happiness." How can they enjoy those three things if they are getting forced to die? The Declaration of Independence was established for every American on this earth, including the imprisoned. So does it make sense to take away those rights of the constitution when it comes to the death penalty? Many would believe

The Death Penalty in America has been a talked about issue for some time now. Americans have their own opinions on the death penalty. Some people feel it is too harsh of a punishment, some believe if you take a life you should lose your life. I myself do not believe in the death penalty. To me it goes totally against what Americas was built on God. Even though over the last fifteen years or so we have slowly drifted away from “In God We Trust”. Looking at the death penalty in a whole it was never something that the United States came up with. It was adopted from Britain. (Bohm, 1999)The first ever recorded death penalty in United States history was that of Captain George Kendall in 1608. He was executed for being a spy. The death of Captain Kendall started a chain of other colonies jumping on board for the death penalty. In some colonies they were sentencing people to death for petty crimes, such as steeling, or trading with Indians. Over the years after the death penalty would be reformed and revamped numerous of times. Until it was only used when murder or treason occurred. Matter of fact Pennsylvania was the first state

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.

     The death penalty is absolutely outrageous. There is no real reason that the government should feel that it has the right to execute people. Capital punishment is murder just as much as the people being executed murdered. The is no need for the death penalty and it needs to be abolished. It goes against the Constitution which states that there will be no cruel and unusual punishment. There is nothing crueler than killing a person.

In the United States, the use of the death penalty continues to be a controversial issue. Every election year, politicians, wishing to appeal to the moral sentiments of voters, routinely compete with each other as to who will be toughest in extending the death penalty to those persons who have been convicted of first-degree murder. Both proponents and opponents of capital punishment present compelling arguments to support their claims. Often their arguments are made on different interpretations of what is moral in a just society. In this essay, I intend to present major arguments of those who support the death penalty and those who are opposed to state sanctioned executions application . However, I do intend to fairly and accurately

It is often argued that the death penalty should be continued because of the establishment of the eighth amendment. However, the eighth amendment contradicts with the basic human right or “right to life”. The Universal Declaration of Human rights states in Article 3 “Everyone has the right to life, liberty, and security of person.” (United Nations 1). Also, in Article 5 it states “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” (United Nations 1). Therefore, the death

In fact, the death penalty is considered immoral for it goes against the Constitution and ethnic code. The Eighth Amendment of the United States Constitution states that the use of “cruel and unusual punishment” is considered unconstitutional. However, majority of the capital punishments are filled with discrimination and injustice. The fact that the majority of prisoners who are sentenced with the death penalty are African Americans, reflect the cons of our society. Aside from racial discrimination, socio-economic discrimination also contribute to the flaws within our justice system. One of the top reasons why innocents are being executed or accused, allowing the guilty to get away with their crimes is that criminals who are exceptionally

In this circumstance the decision of the death penalty was not executed in similar means, since the conflict was deliberated as a violation of the 8th amendment. The examination of cruel and unusual punishment (Boss, 2012), remained significant due to difficulty of the court in deciding the characteristics of the amendment to validate punishments of elaborated offenses; numerous individuals in the U.S. still support the death penalty irrespectively of how it is banned in other countries. The attitude of this argument changes vividly after the opening argument, as genuine to dogmatic. The situation starts via vindicating the resources of capital punishment moreover, the lawbreaker is mindful of the magnitude and stipulation of murder, hence,

Currently there is not an active death penalty in New York state. New York's history of capital punishment goes back to colonial times, with the second most executions of any state from 1608 to 1972. The last record of its use was in 1963. Mr. Eddie Mays was executed by means of electrocution at Sing Sing state prison. He was convicted of first degree murder and robbery in 1962. Mays was 34 years old at the time of execution. Currently there is a zero population on death row in the state of New York.

Life is sacred. This is an ideal that the majority of people can agree upon to a certain extent. For this reason taking the life of another has always been considered the most deplorable of crimes, one worthy of the harshest available punishment. Thus arises one of the great moral dilemmas of our time. Should taking the life of one who has taken the life of others be considered an available punishment? Is a murderer's life any less sacred than the victim's is? Can capital punishment, the death penalty, execution, legal murder, or whatever a society wishes to call it, be morally justifiable? The underlying question in this issue is if any kind of killing, regardless of reason, can be accepted. In this