The more concerns that society has with prisons overcrowding, the higher the expenses are for the taxpayers of the community. The continuous use of community corrections programs is inevitable if inmate population is to be maintained under control. The overall percentage of the prison population often diminishes with the use of community corrections programs, but some of the percentage is diminished through the death penalty. As stated on page 158, “the constitutionality of the death penalty was decided in Gregg v. Georgia in 1976. In that decision, the U.S. Supreme Court ruled that the death penalty did not violate the Eight Amendment’s prohibition against cruel and unusual punishment.” Throughout the years, there have been numerous debates
2016 that states that death punishments falls under unusual punishment which violates the “Eighth Amendment of the Constitution”. The evidence is compelling but other approaches could be taken
Difficult, protracted executions constitute infringement of the eighth Amendment, which forbids savage and surprising discipline. Capital punishment disregards the privilege to life as announced in the Universal Declaration of Human Rights. It is a definitive remorseless, cruel and corrupting
The US Supreme Court’s decision on the abolition of capital punishment was correct because capital punishment violates the eighth and fourteenth amendments, provides no evidence of deterioration of crime rates, and falls unequally on society. Violates Eighth Amendment:
The moral of the death penalty is that when someone commits a heinous crime, they should be prosecuted in a way that is equal to their crime. Robert Blecker, JD said that "We have the responsibility to punish those who deserve it, but only to the degree they deserve it...." This states that people should get what they deserve. If they go out and commit homicide or murder for fun they should get the same treatment. Losing someone can be tragic, but losing someone because a criminal killed them is even worse.
Does the death penalty violate the 8th Amendment? According to the National Constitution Center, the 8th Amendment states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (“Amendment VIII”). There is no objective answer to this, because the courts never clearly stated that the death penalty is cruel and unusual. I do not agree with any part of the death penalty simply because I believe it is cruel in the sense that it strips man of his “right to life” as declared in the Universal Declaration of Human Rights.
Capital punishment commonly referred to as the death sentence or penalty is a topic of widespread controversy. The question of whether capital punishment is “cruel and unusual” provokes questions about societal values and the philosophy behind punishments. As decreed in the Eighth Amendment of the United States Constitution it declares the use of “cruel and unusual” punishments is to be prohibited. With many execution methods such as lethal injection, electrocution, beheading, hanging, firing squads, and stoning, it sparks the question. Do these fall under the Eighth amendment?
The Eight Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel, and unusual punishments inflicted. Previously the Eight Amendment was formed very differently from what we know today. The death penalty has been one of the most discussed topics since it first became a part of society. It is a constant disagreement to prove or challenge whether or not the death penalty is a cruel and unusual punishment which would then now go against the eighth amendment. The death penalty is a suitable sentence, while going through the history, and different methods.
In today’s day and age, a person does not get put to death for just any crime. A recurring argument against the death penalty is that sentencing a defendant to death violates the Eighth Amendment’s prohibition. The Eighth Amendment protects against cruel and unusual punishment. Mental illness is expressly recognized as a mitigating factor in most death penalty statutes. The Supreme Court came to the conclusion in the case of Ford vs. Wainwright that the use of cruel and unusual punishment under the Eighth Amendment to execute a person whose mental state renders understanding of capital punishment is impossible.
The fact that the Supreme Court initially rejected the challenge in one case and then later reconsidered it in another case makes the issue complex. Finally, the evidence highlights a significant moment in the history of the United States Supreme Court's stance on the constitutionality of the death penalty. It shows how the Court has evolved in interpreting the Eighth Amendment's cruel and unusual punishments clause and this evolution has led to the abolition of the death penalty in some states and more
To reiterate, the death penalty is a violation of the 8th Amendment of "cruel and unusual punishments"
“The Court has consistently ruled that capital punishment itself is not a violation of the Eighth Amendment, but that some applications of the death penalty are "cruel and unusual." (Cruel & Unusual Punishment) The execution of the death sentence is subject to mistakes and flaws that may lead to the punishment being applied unfairly and in violation of the Eighth Amendment. The death penalty is an extreme and irreversible punishment placed on criminals in the United States legal system. The error and bias found within sentencing capital punishment cause it to be an unjustifiable and unethical practice that should be abolished and replaced with more life sentences without the possibility of
However, the death penalty reduces overcrowding, provides closure for victim’s family, and is true justice. Capital punishment can deal with overpopulated prisons in the United States. Prison overcrowding is one of the contributing factors to poor prison conditions. Its consequences can prevent prisons from fulfilling their functions as well (penalreform.org). For example, it can increase sickness among the inmates and prison guards.
Supreme Court has redefined (along with not defining) the Eighth Amendment and “Cruel and Unusual Punishment”. Moreover, the court has intervened in many cases where the death penalty was applied injustice. The Cruel and unusual punishment doctrine has not been well developed. The Supreme Court’s primary concentration has been on the word “cruel” when determining what punishments are prohibited.
The Court has to come face to face with the claim that the administration of death, regardless of the offense, is a cruel and unusual punishment, is morally unethical for the government to be conducting, and is a violation of the Constitution. Aside from the fact that death is not only a severe punishment because of the amount of pain and its irreversible finality, the
The death penalty is currently legal in 31 states in the United States. The fact that capital punishment is not morally required in any case is true. One could argue jail is not moral either and we would have a larger number of criminals who do not fear any type of punishment. Why should mercy be shown to those who commit senseless acts that take another’s life, on of the most sacred things?