The Importance Of The Death Penalty

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

On one end of the argument is the belief that all human lives are of equal merit, because they are humans it gives them equal merit. Therefore no human should ever take the life of another, even if that individual has taken other lives. This argument is mostly favored by people of religious faith, but there are some sensible individuals who also adhere to this as an ethical position. At the other end of the spectrum is an argument in favor of the death penalty because of its ability to get rid of a problematic human so that they will be able to do no more harm. This is a very utilitarianism-like perspective of the death penalty. To examine this perplexing ethical dilemma one must first figure out their stance on what death is, like Socrates would.

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).

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.

The first point to evaluate when looking at the Eighth Amendment is its the rich history. In the 1700’s, years before the Bill of Rights was created, judges would issue unfair punishments to those convicted if the judge favored the plaintiff or prosecutor. Furthermore, there was one man, Titus Oates, that would lie to the judge about his crimes; he would, in turn, blame the crime on other people. He was responsible for killing thirty-five people and managed to avoid punishment through his lies. Oates not only lied but exaggerated causing those that had been wrongly accused to suffer horribly cruel punishment. “His testimony was responsible for the execution of some 35 persons, but, as the frenzy subsided, inconsistencies were discovered in his story.” (Editors 1). These inconsistencies ultimately lead to Oates’s execution. Another example of legal injustice that

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 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 Eighth Amendment was tested through many Supreme Court and there were some very significant ones such as the Miller v. Alabama. The no cruel or unusual aspect of the Eighth Amendment gives protection of undeserving or unreasonable punishment to a citizen that commits a crime. As Supreme Court cases regarding the Eighth Amendment open and closed the meaning of no cruel or unusual punishment changed; the sentencing of death is not considered cruel and/or unusual to a suspect that is mentally insane this aspect of the Eighth Amendment is important to the wrongfully accused people that are sentenced something for a crime that they did not commit. A significant

The Eighth Amendment to the U.S. Constitution limits the punishments that may be imposed by the government on American citizens. These limits are compulsory among the states by way of the Fourteenth Amendment. The English Bill of Rights of 1689 expressed concern with arbitrary and disproportionate sanctions, giving way to the Founders inclusion of the prohibition against cruel and unusual punishment. To explore the Eighth Amendment it is important to consider constitutionally accepted punishments, the ever-evolving practice of capital punishment, and eighth amendment protection inside prison walls.

The Eighth Amendment gets from the 1689 English Bill of Rights, redacted in the Virginia Declaration of Rights and recommended by the Virginia favoring custom. The Cruel and Unusual Punishment Clause seems to show an earlier right to safeguard. Really, truant significant conditions, American courts have reliably expected that each respondent has a benefit to flexibility pending trial by paying of bail. As a rule, the courts have been conscious to legitimate exclusions to the other side to bail. Carlson v. Landon (1952). In British practice, most authentic wrongdoings were nonbailable. See Hunt v. Roth. In America, various common contracts and state constitutions, and moreover the Northwest Ordinance of 1787 and the Judiciary Act of 1789, guaranteed a benefit to protect yet made exception for capital offenses. All the more starting late, the Supreme Court has avowed a state statute allowing pretrial confinement of a couple of youths, Schall v. Martin (1984). In United States v. Salerno (1987), the Court kept up the pretrial constrainment plans in the Bail Reform Act of 1984 that associated with individuals who were caught for honest to goodness infringement and who may speak to a risk to the gathering.

The Eighth Amendment of the Bill of Rights prevents the government from excessively punishing and fining. It’s also used to prevent inhumane and severe punishments to the convicted. Basically, they can’t cut off your fingers if you steal something; and if you’re given the death penalty, it’s one of a few ‘humane’ methods, things and nothing ‘unique.’ This could prevent severe, horrific abuse in many cases.

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” The Eighth Amendment states that punishments must be fair and fines shouldn’t be excessive or to expensive. No cruel or unusual punishment means you are not allowed to torture the accused person. This amendment has created different laws for the death penalty, for example death by a firing squad is not allowed that would be considered cruel . The death penalty is not stated has cruel or unusual punishment in this amendment, the states get to choose whether or not they want to use it.

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

The right to life has garnered attention after World War II. The adoption of Universal Declaration of Human Right (UDHR) in 1948 by United Nation General Assembly was an important development for the human right regime. Article 3 to UDHR states “Everyone has the right to life, liberty and security of person.” It is a statement of a general moral principle incorporated into a political document binding on those who belong to the United Nation (UN). On the flip side, the death penalty as practiced by most of the countries had its record since the 8th century (in Roman law). The reformation movement against capital punishment took place during the last half of the century. The debates on the abolition of death penalty sill exist today within the legal fraternity, and so the purpose of this essay is to explore how far the death penalty is justifiable in view of right to life that has been enshrined in the laws.