The first point that many people have about capital punishment is that it’s unconstitutional. For instance, some say that it violates the 8th amendment, which says that no cruel or unusual punishment shall be inflicted. Others argue that the death penalty isn’t cruel or unusual, and is justified. It could also be violating the 5th amendment, which says that no one can be deprived of life, liberty, and the pursuit of happiness. People with opposing views say that it’s okay to be deprived of life if you take another’s
In the United States Constitution, rights of the accused are ensured in various places. The fifth and fourteenth amendment both contain a due process clause, which ensures that nobody can be denied liberty without due process of law. Some may use this clause to argue that refusing bail to people, thus keeping them in jail before being tried, is unconstitutional. Another way in which people could argue that denying bail to anybody violates the Constitution is through the eighth amendment, which prohibits excessive bail; in this case, the interpretation of “excessive bail” is not providing any opportunity for bail. Most other democracies guarantee rights of the accused similar to those provided in the United States Constitution, allowing for similar arguments to be made in other countries. However, despite these provided liberties, the government also has a responsibility to protect the safety of its citizens. If one person who was accused of a serious crime but does not turn out to be guilty has to spend time in jail awaiting their trial, it is worth it if the lives of other people are saved. Although the rights of the accused are extremely important, human lives should be protected whenever possible: ultimately, the safety of civilians is more
I totally agree with your statement about the fifth amendment. The fifth amendment is a part of the Bill of Rights that protects the rights of anyone accused of a crime and secure life, liberty and property. It requires that a citizen cannot be accused of a serious crime without a grand jury investigation. As well, it also forbids double jeopardy as you said the act of of bringing a person to trail a second time for the same crime. Fifth amendment really changed many people’s lives. Back days if somebody stole something they would be hanged for it, but today if you steal you go to jail for couple years and then you're free to go. Today the fifth amendment helps people to protect and keep private property. For example, if the police
The 8th amendment says “Excessive bail shall not be required, Nor excessive fines imposed, Nor cruel and unusual punishments inflicted” . With that being said if the 8th amendment applies for cruel punishments of death penalties then why is it still happening. There might be improstion to taking the 8th amendment out of the factor of basically killing someone for breaking the law. Yeah they might have broken the law but killing A person so brutally doesn’t seem fair. If the death penalty never existed then how much different would america even be? In supreme court they stated “The death penalty law isn’t violating the 8th amendment it is somewhat brought into decision “ . My only question is how does the death penalty not violate the 8th amendment?
The main use of the eighth amendment in court is for cruel and unusual punishment. Some cases that use the eighth amendment are the Roper v. Simmons, Hudson v. McMillian, and the Woodson v. North
The most important thing is that it simply provides citizens with the framework for our criminal legal systems. This Amendment is very important because it states American Citizens’ rights and what they are upheld to follow when they have been accused of a crime. This Amendment also prevents a defendant from sitting in prison longer than they are going to have too, which are using up other American tax dollars. I like this Amendment because it is impartial and without delay (unless for necessary reasoning). It does not give too much power to the jury nor the defendant. This Amendment was founded to protect people in America who have been accused of a criminal defense. With this Amendment, we as America will always endeavor and blaze the trail of opportunity, prosperity, and
The protection of those charged with crimes is as important as any other provision in the American Constitution. It may sound like a paradox at first that it is this important to protect criminals, but looking further into it, it begins to make a lot of sense. All humans, no matter what, should never be treated cruelly, as our founding fathers knew well, as this would put us at the same level as those we deem to be unfit to participate in normal society. Even though this provision has been in the Constitution since the inception of the Bill of Rights back in 1789, not much attention was brought to it until a case in 1910 brought to light the idea that cruel and unusual punishment was not limited to just barbaric, medieval acts, but that it
The death penalty has been a major topic of debate in the United States as well as various parts of the world for numerous years. At this time, there are thirty-one states in which the death penalty is legal. Nineteen states have completely abolished it (“States with and without The Death Penalty”). Since its initial development back in the 1600’s, the death penalty has taken a different course in the way it is utilized. In its early days, the death penalty was greatly used and implemented for several offenses. Generally, the public sought out the stern implementation of the death penalty. But contrary to this, the use of the death penalty,
In the short story, “The Tell-Tale Heart” by Edgar Allan Poe, the author writes the story in first person perspective of the main character. The main character acknowledges that he has a disease that allows him to perceive and look at things differently in reality. This mental illness prompts him to want to kill an innocent man because the narrator loathes the old man’s eye. On the eighth night, the main character abruptly kills the old man and confesses to the police because of the panic and pride that has overcome his mind. Now, the killer is found guilty and now is being determined of what is to become of him. In this case, the calculated killer should not receive the death penalty but be given 20 years of prison with psychiatric care based on the 8th amendment, the fact that he murdered someone, and his mental illness.
Is the complex character created by Edgar Allan Poe a calculated killer or a delusional madman. In the short story “The Tell Tale Heart” by Edgar Allan Poe, the main character has a mental condition which causes him to kill a neighbor. He believes that his neighbor has a “vulture eye” which is the reason why he killed him. Night after night, he watches the man and plans how to kill him. Then one night, he puts his plan into action. He kills the man by slamming a bed over him, then he severs his body and hides him under the floor. Later that night, police come to investigate, but they don’t suspect him. He confidently invites the police man to talk in his house. He is overcome with guilt and ends up
The lethal injection executions illustrates a constitutional violation of the branch 's overreach as described by the 8th amendment due to its cases bring either successful in the execution or providing sufferable pain to death row inmates. One of the current problems in the Judicial branch is the use of lethal injection towards execution sessions. Lethal injection is an injection that is administered for the purpose of euthanasia and capital punishment. There are two methods of lethal injection today, one using a three drug protocol and the 2nd being the large dose of barbiturate. Lethal injection is used for capital punishment as it follows the 8th amendment we have today.
The Eighth Amendment prohibits inflicting cruel and unusual punishment on citizens. The judicial branch must ensure that the rights and privileges granted to American people by the Constitution are provided equally regardless of their race, sex, or sexual identification (Edmondson, 2017).
Passed on September 25, 1789 and ratified on December 15, 1791 by Congress, the eighth amendment has been present in the United States for quite some time. Over time, the amendment has morphed and interpreted differently. In the Constitution it states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. In the 1990s, individuals referenced the eighth amendment when discussing capital punishment or the death penalty. Death sentences were most frequent during the 1900s, resulting in some individuals declaring that it went against the amendment (Source A). Since then, opinions on the death penalty have fluctuated, some claim that is barbarous while others deem it to be necessary. The
On November 21, 1973, Troy Leon Gregg and his companion robbed and murdered Fred Edward Simmons and Bob Durwood Moore, two innocent people who were giving them rides. Gregg was convicted for his actions and was given the death penalty. He argued that the sentence was violating his eighth amendment which is “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (U.S. Const. amend.VIII.) The Supreme Court ruled that it did not violate the eighth amendment and was constitutional. This brings up the question “Was the case properly determined by the Supreme Court or should it be Congress to decide?”
In this article, "Death Penalty Receives Another Blow, This Time In Pennsylvania" by Sam Wright from Above The Law, Mr. Wright discusses the controversy over death penalty and the difference between states deciding the standards of it. According to the article, two states, Connecticut and Pennsylvania both assigned a death penalty to two men who committed equally serious crimes. The problem arouses when the two men applied a relief to the courts; Connecticut accepted it and Pennsylvania didn 't. It gets even worse, when people dig deeper and find out the racial discrimination that went on behind the scenes. "African American defendants were sentenced to death at a significantly higher rate than similarly situated members of the racial groups." Continuing, about a third of African Americans who received death penalty in Philadelphia "would have not received the death penalty were they not African American." In response to the public 's outrage, Governor Wolf hastily granted reprieves "from all planned executions." The eighth amendment, which prevents cruel and unusual punishment, gained its popularity over the issue of death penalty. Due to Constitution 's broad spectrum of interpretations, whether