The Constitutionality Of Capital Punishment In The United States

Capital Punishment, also known as the Death Penalty, has been a part of the United State’s justice system for the majority of the country’s existence. Today, 31 out of the 50 states still recognize the death penalty as a viable option when dealing with high profile crimes, most notably murder and sexual assault. While many people argue that the death penalty should be made illegal, there is also widespread support in favor of keeping the death penalty, leaving the nation divided on the issue. Both sides of the argument possess valid evidence that supports their claims, but in the end, the arguments in favor of the death penalty are noticeably stronger. The death penalty is an appropriate sentence that should continue to be allowed in the

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.

The moral and ethical debate on the sentencing and enforcement of capital punishment has long baffled the citizens and governing powers of the United States. Throughout time, the interpretation of the U.S. Constitution, and the vast majority beliefs of Americans, have been in a constant state of perplexity. Before the 1960s, the Fifth, Eighth, and Fourteenth Amendments to the United States Constitution were interpreted as permitting the death penalty. However, in the early 1960s, it was suggested that the death penalty was a "cruel and unusual" punishment and therefore unconstitutional under the Eighth Amendment. Many argue that capital punishment is an absolute necessity, in order to deter crime, and to ‘make things right’ following a heinous crime of murder. Despite the belief that capital punishment may seem to be the only tangible, permanent solution to ending future capital offenses, the United States should remove this cruel and unnecessary form of punishment from our current judicial systems.

On September 9, 1993 a seventeen year old boy, Christopher Simmons, and his a few of his friends met up to discuss and devise a plan to commit a robbery and maybe even a murder, just for fun. Simmons’ plan was not complicated: find someone to burglarize, tie up the victim and either leave the victim tied to a tree or push them off a bridge. Simmons and his accomplice went through a window that was slightly cracked and proceeded into the bedroom of Mrs. Crook. The two teenagers tried the woman up and loaded her into the back of her minivan. They drove to the state park at the edge of town where they had planned to dispose of the body and that is exactly what they did. The boys were caught later on that month put on trial for murder in

Al lot of people will either be for capital punishment or against i.e. choose to write about being for capital punishment because I think it’s far when they keep killing over and over they need to know they can’t get away with it

A major discussion and legal issue that has been the topic of major debates across the world is the legality of Capital Punishment. Capital Punishment, also known as the death penalty, is defined as “the legally authorized killing of someone as a punishment for committing a crime” (Oxford, n.d.). The issue has been undecided by the federal government, which gives the states the right to determine their own laws on the issue. Some states have outlawed the death penalty while others still use this practice to this day. In the state of Maryland the death penalty was used for hundreds of years before it was recently outlawed in a bill passed by the state legislature. The passing of the Capital Punishment Repeal in the state of Maryland was a

There has been much controversy concerning the death penalty both within society and the judicial system. Courts throughout the nation have waivered back and forth on the subject. Several times in various states the death penalty has been abolished, re-instated, and vice-versa. From 1976 to present day the death penalty has been in effect federally, but that does not mean that the law will remain in place for good. There are still several issues concerning the death penalty; such as the method upon which death is inflicted. Other issues include whether or not juveniles and/or mentally handicapped individuals should be considered for the death penalty, and the

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 violates the Eighth Amendment of the U.S. Constitution. It is a brutal method of execution. It causes excruciating pain to its victims. It is handed out based on class, race and socioeconomic factor. “The Eighth Amendment’s ban on cruel and unusual punishment restricts the crimes for which a death sentence can be given” (Bergman, 2015). In every prospective aspect, the death penalty is undoubtedly wrong because the major impetus behind the modern aversion to it is the equation of private morality with governmental morality. In spite of the reasons to put an end to this gruesome punishment per se, the most shocking is the ultimate contingency of executing innocent individuals.

In 1879, the United States Supreme Court ruled, by a vote of 9-0, that execution by firing squad was not cruel and unusual punishment under the Eighth Amendment of the Constitution. This began a long debate on whether or not a government reserves the right to punish those who have taken a life by taking their lives. There are many reasons as to why someone would be against capital punishment: it is not our right as humans to play God, it is against the constitution, the threat of capital punishment is not a valid deterrent, it is morally corrupt to take a life. All of these points are valid, and they represent the mindset of millions of Americans; however, capital punishment is a valuable asset to be reserved for only “the most heinous murders and the most brutal and conscienceless murderers” (Alice).

The debate of whether the capital punishment is morally and politically appropriate has historical origins. The practice of capital punishment in America started when British settlers discovered the new world and created the first American colonies. Despite of the practice of the death penalty being ancient, capitals crimes have changed over time. Throughout the eras, the abolitionist movement against the capital punishment has been present, presenting arguments about the constitutionality and morality flaws of the death penalty. Indeed, in 1972, the Supreme Court abolished the capital punishment due to inconsistency with the Constitution; nevertheless, the Court authorized it again in 1976, demonstrating how confrontational this dilemma has been (Williams). Abolitionists as James Gray, a retired judge of the Orange County Superior Court in Los Angeles, claim the capital punishment is a complicated process not necessary in today’s society since it creates more detriments than benefits. By evaluating the procedures and consequences of the capital punishment in a constitutional and philosophical perspective, this study reveals how capital punishment is an unnecessary technique in criminal justice. Despite murderers deserving to die, the death penalty should be abolished since its practice is neither morally nor politically correct.

Capital punishment, or the death penalty, has been a part of the American Justice System since the begging, but for years it raised much controversy over its social issues, questioning its validity and fairness. The death penalty is the sentence of execution given to someone convicted of a capital crime such as murder or treason. Many civilizations and early societies used the death penalty before in history. Common explanations to be sentenced include war crimes, treason, murder, and espionage. Formerly, capital punishment was accompanied by torture and performed publically. It was often believed to be unprejudiced because it is retribution towards criminals who committed heinous acts. In contrast, it is currently a controversial debate whether or not the death penalty is socially acceptable as many see it is inhumane. The United States currently has five forms of execution include: hanging, beheading, chair electrocution, lethal injection, lethal gas, and firing squad (Gray). Each of them is cruel in their own way. Punishing a person with death is outdated, barbarous, and many nations evolved so they reprimanded this penalty years ago. Government sanctioned capital punishment is wrong and it should be abolished because it could potentially kill the innocent, denies people of rehabilitation, denies a citizen’s right to live, and overall does not benefit society.

Capital punishment has been a controversial and a central part of political debates for decades. As the result of being a complex dispute, there are multiple, common perspectives on how it should be resolved. However, most citizens of the United States identify with one of two sides, those for and those against its continued use. Most commonly, the death penalty is used in gruesome murder trials and some other offenses, such as treason, espionage, and airplane hijacking. Those for it, tend to believe that it is necessary to keep these criminals out of society and that it deters crime, while those against tend to believe that the practice is medieval and unethical in society today. With a controversial topic like the death penalty, it is important to determine why this controversy exists and if there is a possible solution. The focus at hand is whether or not the United States Government should continue its use of the death penalty and how this answer could be implemented.

The death penalty has been a huge part of many political debates for decades. Most citizens of the Unite States believe there are two sides, those for and those against its continued use. Those for tend to believe that it is necessary to keep these criminals out of society and that it deters crime, while those against tend to believe that the practice is medieval and unethical in society today. With a controversial topic like the death penalty, it is important to determine why this controversy exists and if there is a possible solution. The focus at hand is whether or not the United States Government should continue its use of the death penalty and how this answer could be implemented.

What is the Constitutionality of the death penalty? Many say that the death penalty falls under Amendment Eight, being cruel and unusual; however both Amendment Five and Fourteen states that the penalty is fully legal with ¨Due law¨. Administration of the death penalty is rare, in fact, in the United States, the punishment cannot be excessive to the crimes committed. Even still, the United States government will not sentence a minor, nor a mentally handicapped to death, due to the lack of presence of mind found in such individuals.There have been several cases on whether or not the penalty by lethal injection is cruel or not, ¨Glossip v. Gross¨ being one of them, and the results consecutively come back as Constitutional. Many could say that because of Originalism the penalty is Constitutional, while others may say due to Living Constitutionalism it may not be legal. Both Originalism and Living Constitutionalism play a part in how the death penalty is applied and affects us today.