The Differences Of Cruel And Unusual Punishment

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).

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

David Figueroa Eng. 101A Professor Stern 4/20/15 Final draft In conclusion, in discussions of torture, one controversial issue has been on the use of it. On one hand, the people against torture argue that it is cruel and unusual punishment. On the other hand, those for torture argue that it should be used for the greater good. Others even maintain that under extreme circumstances, it may be admissible if it can save American lives. My own view is that no one should be subjected to cruel punishment because it is not only illegal, unreliable, ineffective, time consuming, it also has too many flaws that could potentially ruin innocent lives. The definition of torture is any act, whether physical or emotional, or maybe both, is intentionally subjected to a specific individual or a group for many reasons. Most of these reasons that torture is administered is for extracting information from an individual or just for punishing him/her for a crime that he/she has committed or is suspected of committing. The use of torture can be used to intimidate a person to give information that may be beneficial for a nation. The use of torture has been used for many centuries. The purposes of using torture have changed over the years as well as the methods in which a person is tortured. One crucial piece that has been established that separates us human beings from barbarians is the prohibition of using torture. There are many reasons why torture has been deemed a crime now in society. There are

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.

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

The prohibition against cruel and unusual punishment largely concerns itself with disproportionate and arbitrary punishments imposed by the government. “The Court has repeatedly emphasized the Eighth Amendment’s expansive and vital character and its capacity for evolutionary growth.” (Kanovitz, 2010) Cruelty is interpreted as actions that oppose current standards of decency. As public opinion grows and changes these standards are apt to change. The vague wording of the Eighth Amendment allows room for the opinion of what punishments are acceptable to adapt to modern times.

The death penalty till this day remains to be a very controversial topic. Some people may argue that it should be considered a form of cruel and unusual punishment; others may rebuttal in saying that the death penalty is capital punishment. When visiting the idea of placing someone to death one must bear in mind the possibility of condemning an innocent person through such torture, the brutalizing effect on society it may leave, and the serious psychological trauma that a defendants family and friends may face. Is this really what the justice system is willing to place on the line in order to gain a form of so called justice. I mean reasonably speaking what will anyone gain from such an action. It definitely will not bring the harm to be undone. As stated in the encyclopedia under the theory of judicial torture “ the use of torture was confined to capital crimes, for which the death penalty or mutilation could apply” (PIHLAJAM, 2004). Looking at how the death penalty is conducted people should not be treated like animals, given a due time to be put down. No human being deserves such treatment whether or not his or her offense was so horrific and traumatic. Is that not the lesson being taught to society when the criminal is captured? Yet, the law as a jury of peers, men just like the accused, may cast the same sin upon him. Why should this action be considered in any way to be fair or believed to be capital punishment?

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.

The eighth amendment to the United States Constitution states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (US Const. amend. IIX.).” The wording of this amendment has raised the question on what constitutes cruel and unusual punishment. This ambiguity of this section constitution has caused the hot debate, whether or not capital punishment is constitutional or not. The use of capital punishment harms the innocent, wastes money, and is unconstitutional.

This can be explained as any form of punishment that is inhumane or violates the basic human rights of a person or citizen. In the northern region of Nigeria, there was a 2011 case where two men, both in their early 20’s were sentenced to amputation for the theft of a bull that was worth about 130,000 naira equivalent to $500. I believe this type of punishment is a perfect example of cruel and unusual punishment. Although, I do agree that the stealing of the bull was wrong and the two men deserved to be punished, the type of punishment they got for their crime was not only cruel, it was also inhumane. I do think other form punishments could have been used to get the justice, that did not involve the severing of their body parts. In this situation, not only does the punishment, not fit the crime, it was also outrageous. The intensity of the crime does not match up at all with the

The definition of cruel or unusual punishment is something still being argued today. Once a convict enters the prison system, they are stripped of some of their constitutional rights but one is sure to remain- no cruel or unusual punishment (At Issue: Treatment of Prisoners). Cruel and unusual punishment was never thoroughly defined. Anyone can interpret it the way they please. It is said that those who are mentally ill get much less punishment then those who are not. However, no one ever said what happens if you go insane inside of solitary confinement. In the current day prison system, if one goes insane while inside the system, you

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

Moreover, it is argued that capital punishment may violate Eighth Amendment rights against cruel and unusual punishments. It is cruel because it is a relic of the earliest days of penology, when slavery, branding, and other corporal punishments were commonplace. Like those barbaric practices, it can be argued executions have no place in a civilized society. It is unusual because only the United States of all the western industrialized nations engages in this punishment. It is also unusual because only a random sampling of convicted murderers in the United States receive a sentence of death.