8th Amendment Essay
A question to ask regarding capital punishment in the United States is not about the deserving nature of an individual's punishment for their crime, but instead if, as a society, we deserve to take the responsibility of ending someone's life. Nobody should ever be given the accountability for another person's existence. Taking someone's last breaths is not justice. Killing someone is the easiest way out. They should remain for the rest of their lives contemplating their deeds and how they ruined their own lives. Our judicial system should prioritize incarceration and how lengthy a sentence someone should receive based on the crimes committed. The death penalty may claim to serve justice, but its fatal flaws expose a fundamentally broken and …show more content…
Criminals are shielded from cruel and unusual punishments. Finding the better option for good is sometimes the only answer. More so, execution is a crueler punishment than a life sentence without the possibility of parole. The process of entrusting a jury and judge with the power to decide someone's fate and put an end to their life will always be inhumane and seen as a cruel punishment. Although the Supreme Court has ruled capital punishment constitutional, it is difficult to determine if someone really deserves to die rather than just spending life locked away with no possibility of release. “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 …show more content…
The color of the skin of the victim or defendant is a significant and unacceptable factor in determining who gets the death penalty in America. We have no knowledge of how a person may think, and giving a judge and jury the power to decide on someone's life can result in unfair judgments. “Today, there is growing evidence that racial bias continues in society, particularly within the criminal justice system. The existence of implicit racial bias among some law enforcement officers, witnesses, jurors, and others allows harsher punishment of minorities, even without legal sanction or intention. Although these prejudices are hard to uproot, the unfair application of the death penalty could be halted by eliminating that sentencing option altogether”(Dunham). By completely abolishing the death sentence in the 27 states that still practice it, discrimination can be addressed when deciding whether someone should live. Even when there is no intention or formal sanction, bias can result in harsher punishment for minorities, and it can be challenging to
Eighth And Fourteenth Amendments Preclude Burden Of Capital Punishment
486 Words | 2 PagesCAPITAL PUNISHMENT Capital punishment is typically considered as a human way to approach to kill the most wickedness criminals and to discourage others from carrying out intolerable crimes. However, the unrestrained expenses of capital punishment cases have states thinking about whether it's justified regardless of the price tag. The lethal established ailment in the discipline of death is that it treats 'individuals from mankind as nonhumans, as articles to be toyed with and disposed of. It is along these lines conflicting with the essential reason of the Clause that even the most awful criminal remains a person had of normal human respect.
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1195 Words | 5 PagesAfrican Americans face harsher circumstances in death row sentencing’s than any other race. In a study published in 2009 by Scott Phillips, a University of Denver sociology and criminology professor, conducted research between 1992 and 1999 in Harris County, Texas when an astonishing “504 defendants were indicted for capital murder” (O’Hare, 2010). At the end of his research, Phillips found that “convicted capital murderers were six times more likely to get a death sentence when they killed married whites or Hispanics with college degrees and no criminal record — as opposed to unmarried black or Asian victims with records and no college degrees” (2010). Phillip’s study proves that death row sentencing is bias as African Americans were more likely to be put on death row if their victim was of a higher social class than them. Florida’s death penalty sentencing in recent years has been extreme.
A Brief Note On Greetings From The Equal Justice Initiative
1013 Words | 5 Pages“We Need To Talk About Injustice.”). Unfortunately, race affects the chance of execution and it happens more than it should. As a society, we have made so many improvements throughout history. The abolition of slavery and the civil rights movement has immensely improved our society but every day when we incarcerate innocent black individuals and send them to death row, we as a society are setting ourselves back sixty years. Do you want that?
8th Amendment Essay
1044 Words | 5 PagesAs with many other controversial opinions both groups for, and against capital punishment have valid opinions. So let's dive into the philosophy of both sides and an
8th Amendment Purpose
1326 Words | 6 PagesFirstly, punishments given cannot be given brutal sentences and punishments. The article states, “The better-known component of the Eighth Amendment is the prohibition against cruel and unusual punishment.” This points out that people cannot be punished in cruel or unusual ways. Secondly, punishments have to be proportionate to the size of their crime. For example, the article notes, “Although this phrase originally was intended to outlaw certain gruesome methods of punishment—such as torture, burning at the stake, or crucifixion—it has been broadened over the years to protect against punishments that are grossly disproportionate to (meaning much too harsh for) the particular crime.”
Bill Of Rights 8th Amendment
420 Words | 2 PagesThe Rules of rights from the 8th Amendment ‘’Unless this right to bail before trial is preserved the presumption of innocence secured only after centuries of struggle, would lose its meaning. The U.S supreme court has ruled that this is a Amendment cruel and unusual punishment cause also applies to the states. The court concluded that the death penalty as a punishment for murder does not itself
8th Amendment Essay
1041 Words | 5 PagesPunishments for severe crimes around the world have been a subject of debate for many years. Different countries have varying views on what punishments are too extreme. The legality of certain forms of punishment is continually evolving in today's age. With the determination of constitutionality, a complex and evolving issue there are many debates around what constitutes cruel and unusual punishments. Despite ongoing controversies and discussions, punishments for serious crimes, including capital punishment, remain legal in some countries and continue to be imposed.
8th Amendment Essay
1008 Words | 5 PagesThe 8th Amendment of the Constitution states that no one should receive any "cruel and unusual punishments" for the crimes they have commited. The death penalty is a violation of the 8th amendment, and should be banished from the USA as it is an unreasonable and extreme punishment that is unnecessary and avoidable. The death penalty is inhumane, irreversible, and much more expensive compared to a non-death penalty case. Currently, 27 states are still using the death penalty and many of these states are either Midwest or South. Methods such as lethal injection, electric chair, hanging, gas chambers, and firing squad are used to execute these inmates.
African American Death Penalty Essay
1340 Words | 6 PagesGeorge Woodworth once examined the death penalty rates among all death eligible defendants in Philadelphia, Pennsylvania between the years of 1983 and 1993. The results of their study proved that the odds of receiving the death penalty in Philadelphia increased by 38% when the accused was black. (“Race and the Death Penalty | American Civil Liberties Union”) This shows that the justice system is biased and proves that a black person is more likely to receive a death punishment for committing the same crime as a white person. Another example of discrimination is when death penalties are given to those that are poor and grow up in underprivileged backgrounds.
Colorblind Historical Analysis
188 Words | 1 PagesThe total cases of death penalties sentenced were XXX with 10% of total homicides being interracial killings, approximately XXX number of deaths. The chances of the justice system unlawfully putting racial prejudice onto its trials are XXX. Further analysis
The Death Penalty In Bryan Stevenson's Just Mercy '
918 Words | 4 PagesIn Georgia, “people convicted of killing white victims are 17 times more likely to be executed than those convicted of killing black victims” (Philips).The death penalty is even seen as the “direct descendant of lynching” because of the significant imbalance in the prosecution of Black Americans for capital murder (Equal Justice Initiative). Given our long history of systemic racism in the justice system, we cannot trust ourselves to be the ultimate arbiter on whether to end a human
Essay On 8th Amendment
1112 Words | 5 PagesThe way the death penalty process starts is with the type of crime committed, and the decision being reached by a court that the crime is punishable by death. Once the offender has been sentenced to the death penalty they are given the opportunity for an appeal or are mandated to appeal depending on the state. Offenders can appeal the decisions of the court on state and federal levels in an effort to change their death sentence and with the average time on death row being a decade death penalty inmates have more than enough time to pursue appeals. Although, if the offender is to be executed it will be done humanely by means lethal injection unless the offender chooses another state approved method of execution. The death penalty is not cruel and unusual punishment the offender goes through a process that sentences them and immediately gives the time and opportunity to appeal and if executed the right to not be
8th Amendment Purpose
1326 Words | 6 PagesFirstly, punishments given cannot be given brutal sentences and punishments. The article states, “The better-known component of the Eighth Amendment is the prohibition against cruel and unusual punishment.” This points out that people cannot be punished in cruel or unusual ways. Secondly, punishments have to be proportionate to the size of their crime. For example, the article notes, “Although this phrase originally was intended to outlaw certain gruesome methods of punishment—such as torture, burning at the stake, or crucifixion—it has been broadened over the years to protect against punishments that are grossly disproportionate to (meaning much too harsh for) the particular crime.”
Annotated Bibliography On Death Penalty
1145 Words | 5 PagesAnother issue that was discussed is the inequality of death penalty in practice. There have been serious issues with racial discrimination. For reference in cases with white victims and black defendants convictions occurred twenty two percent of the time while with black victims and white defendants with percentage dropped to a measly three
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2466 Words | 10 PagesIs the death penalty cruel and unusual punishment? I think that this can be explained through the way the inmates are executed. Firing squad, lethal injection, hanging, gas chamber, and electrocution are
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