Pros And Cons Of Cruel And 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

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

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.

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

Debate over capital punishment is nothing new, but it reaches a whole new level when the accused is mentally ill. The question then becomes… was the perpetrator aware of his heinous actions by knowing right from wrong at the time of the crime or was the mental illness controlling his actions? While being sympathetic to the grief and heart break of the victim’s loved ones, I believe that execution for the mentally ill should not be allowed, because often their illness makes them incapable of knowing right and wrong of their actions. Many of those with mental illnesses often go undiagnosed and untreated, either by choice or by financial circumstances, because of the stigma and general lack of understanding associated with this type of diagnosis in our society.

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.

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)

The eighth amendment helps letting americans not have to go through unusual and cruel punishments. “It is not just criminal sentences themselves that are subject to the cruel and unusual test; the Eighth Amendment’s cruel and unusual provision has been used to challenge prison conditions such as extremely unsanitary cells, overcrowding, insufficient medical care and deliberate failure by officials to protect inmates from one another,” (“Eighth Amendment,” Annenberg Classroom). This site explains and breaks down the eighth amendment. It becomes apparent that this amendment helps protect the people from usual and cruel punishments. There are specific examples to a cruel and unusual punishments. “Cruel and unusual punishment includes torture, deliberately degrading punishment, or punishment that is too severe for the crime committed,” (Dictionary.com). This is a basic understanding for how we can make sure to stay away from these types of punishments. One of the biggest oppositions or conflicts with the eighth amendment there is is the death penalty. The question that comes from it is whether or not the death penalty can be considered a cruel and unusual punishment. “Eighth

Is the death penalty “cruel and unusual” and in violation of the 8th Amendment? We should us it sparely but I do not think it’s cruel and unusual nor is it violating the 8th amendment. We need to make sure the crime fits the punishment. In mid-1993, the Death Penalty Information Center received a request from Rep. Don Edwards, then Chair of the House Judiciary Subcommittee on Civil and Constitutional Rights, to prepare a report on the problem of innocent people on death row. At that time, crime bills were being introduced which involved an expansion of the federal death penalty and a curtailing of the capital appeal process. There also had been a series of highly publicized releases of people from death row in which it had belatedly been discovered

The Eighth Amendment to the United States Constitution states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” This amendment is most commonly used in context when discussing capital punishment, otherwise known as the death penalty. Many people in today’s society believe that the death penalty is unconstitutional, that it violates the Eighth Amendment because it is considered cruel and unusual punishment. This should not be considered cruel nor unusual because the people receiving the death sentence have committed unspeakable crimes, therefore, punishing them with the death penalty is fair. The death penalty can help prevent the act of lynching.

Although the 8th Amendment protects against cruel and unusual punishment , the 8th Amendment does not mention prohibitions against treatment as well as punishments. You would be bound to then think that people would also will say that the 8th Amendment does not protect the treatment of prisoners, because the 8th Amendment does not specifically include treatment with punishments as constitutional protection. Even though the Amendment does not specifically say that it shall protect the prisoners; is it not still cruel and unusual punishment! Wisdom would have it that cruel, inhumane, or degrading treatment means such treatment prohibited by the 5th, 8th, and 14th

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 eighth amendment is designed to protect us from cruel and unusual punishment. Conservation of the United States Constitution, and all moral ideologies have been set aside. An old form of barbaric punishment and the saying "eye for an eye" is still being widely accepted by Americans today. The old form of barbaric punishment is capital punishment. No matter how "humane" the death penalty has become, it is still the killing of another human being. When people stand outside prisons and cheer that an individual was murdered, there is a problem. When people justify the killing of another person, there

I know that it is in the eighth amendment that prohibits cruel and unusual punishment, and I can’t think of a greater punishment for a crime than death, but I believe that exceptions should be made.