Death Penalty Violate The 8th Amendment Essay

Life in prison without parole is a cruel and harsh punishment but it helps give those in prison time to reflect on their lives, their action, and keep in touch with their families. LWOP still offers to an individual an opportunity to appreciate parts about his/her life, giving them the ability to keep in contact with their families or friends. Someone,who has been put

The Constitution of the United States is the concrete platform that the nation is built upon which contains fundamental principles in which our nation is governed by. However, much of the Constitution is very ambiguous which leads to controversy in the court room. For example, the Eighth Amendment which states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (Baltzell). The first part of the Eighth Amendment protects accused citizens of the United States from unreasonable and extreme amounts of bail that would prevent them from being released from pretrial containment and it also limits the amount of a fine that can be given to a convicted person (8th Amendment)(Kurt). The

Some say mental illness is an invisible disease, one that begins to eat someone from the inside out. Being mentally ill comes in many different forms: from basic depression and anxiety, to schizophrenia and depersonalization. These disorders can make a person feel as though they are losing control over what they are doing, as well as losing sight on what makes them normal. Mental illness can make a person do things that a normal person would not do, simple because of a person 's moral and ethical values. Sometimes, however, a person who is mentally ill commits crimes that are unforgivable. So, in lieu of these crimes, does that mean that the mentally ill should be punished, to the extremes of the death penalty, or should they be forced into

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

The death penalty should continue to be legal because it is inexpensive. The death penalty makes for a good way for people to get the justice they deserve. In Texas the death penalty being legal makes sure that the people that commit heinous crimes pay. Texas does not suffer from political doubt, and certain cases are a no other answer that the death penalty. It cost the Texas Department of Criminal Justice $83 to execute a prisoner by lethal injection alone. The Attorney General alone donates 15% of his budget, to death penalty cases. Maintaining each death row prisoner costs taxpayers $90,000 per year. It cost more than $31,000 to keep someone in prison for a year. The most recent report is that only fifteen states have gotten rid of it all together. These states being Alaska, Hawaii, Illinois, Iowa, Maine, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Dakota, Rhode Island, Vermont, West Virginia and Wisconsin.

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,

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?”

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 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.

(Justice Samuel A Alito Jr.) There is not sufficient evidence that midazolam causes severe pain. Further, the 8th amendment does not obligate the execution method be free of pain. Besides, those given capital punishment are “deprived of life”(Alito), so the meager pain they encounter is incomparable to the amount of pain he/she caused to the victim(s). In addition, there is not sufficient evidence that the use of midazolam causes induces a notable risk of severe pain that the death penalty should be outlawed. Judges agreeing with the majority opinion are John Roberts, Antonin Scalia, Anthony Kennedy, Samuel Alito, and Clarence

The Eighth Amendment is all about punishment. In the Amendment it states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”, as well as allowing the Death Penalty. I believe this Amendment is right. Because of the fact that cruel and unusual punishment wouldn’t be fun, I believe the Death Penalty should be legal, and excessive fines would be crushing to our economy.

Furman v. Georgia was a famous supreme court case that put restrictions on the death penalty in the state of Georgia and across the Unites States. Before this case, the death penalty had many unfair, racist, and random results (Blanco). Set in the late 1960s, Furman v. Georgia was a case most famous for withholding the death penalty on historically oppressed people in the state of Georgia.

The Eighth Amendment of the Constitution of the United is one of the shortest amendments, but its understanding has caused many debates. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (). The 1960s brought challenges to the fundamental legality of the death penalty. Before then, the Fifth, Eighth, and Fourteenth Amendments were interpreted as permitting the death penalty

One day you were sitting on your rocking chair, eating rice and then BOOM the police are banging on your door saying you are going to be sentenced to death for littering a sea sponge. In court you say that that is being against the 8th amendment, but the judge still says you are going to die. So what now? OK. This particular example actually never happened but you are still right, being sentenced to death for a small crime like littering is still against the 8th amendment. Because that is a cruel and unusual punishment for a smaller crime like littering.The meaning and purpose of the 8th amendment has an enduring impact on many Americans lives.

Waiting in a prison cell for many years, an inmate in death row doesn’t know when his life will come to an end. This is a law under the U.S. government that is allowed to kill people who have committed a crime that’s grave enough. If someone commits a capital crime, they will be punished legally under the law. Taking a rope to the neck, or charging volts to the brain, it’s what people are fighting against today. Organizations are taking action against the death penalty by researching, publishing, and exposing facts whenever officials want to abuse their power with the law.