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? As 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 …show more content…
Many argue that capital punishment is indeed “cruel and unusual.” The strongest argument is the physical and mental suffering falling under the Eighth Amendment which is commonly referred to in terms of the death sentence. As stated above there are many execution methods used. Many of these methods are no longer practiced, at least in the United States, but some of them such as lethal injection, electrocution, and a firing squad is still practiced, with lethal injection being the most common. Lethal injection depending on your point of view is the most “humane” way of execution, and electrocution most likely being the most inhumane. Hudgins II During electrocution, it is estimated each person lasts about two minutes in which case large quantities of electrical currents are sent throughout your body, sometimes enough to cause the person to set fire. In these two minutes, it isn’t numbed or …show more content…
Currently, the death sentence is only applied to those who commit murder, however, in the past, it has also been used for rape and armed robbery. Arguing in favor it can seem justifiable to take the life of a person who unjustifiably took the life of someone else. And with murder being the only way to be sentenced to the death penalty it seems fitting. Along with that, it provides deterrence from committing murder for possibly many people. The deterrence that execution provides is a debated topic nested into another controversial topic. There have been many studies indicating both a positive and negative effect on the homicide count regarding executions. A study by Hashem Dezhbaksh, Paul H. Rubin, and Joanna M. Shepherd published in the Journal of Law and Economics in 2003 concluded that each execution deterred a rough estimate of 18 murders. While another study by Katherine Baicker and Sendhil Mullainathan published in the Journal of Political Economy in 2004 found no evidence supporting that conclusion. This debate in detail would require a whole other paper. Another argument is retribution. For the victim's families, it may not feel good enough to just be living a life in prison or in some cases even being let back into society. And the death sentence
Even though the death penalty can produce irreversible miscarriage of justice, death penalty should be allowed because it provides comfort to the victim's family, it deters crime, and you know the criminal will never hurt anyone again. Even though the death penalty can produce irreversible miscarriages of justice, Death penalty should be allowed because it provides comfort to the victim's family. Family and friends of the victims should never have to worry about parole or a slight chance of that same criminal escaping. Knowing that that one person
Firstly, 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.”
But with the Eighth Amendment, we are protected from being wrapped in Christmas Lights! It is a great amendment that allows me to sleep without knowing I could sit on thorns for hours. The Death Penalty, I believe, is right. Many people believe it is a terrible thing, because of
The 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
Capital punishment is a highly debated issue, with questions surrounding its fairness and constitutionality under the Eighth Amendment due to the protections it provides and the
1. The Eighth Amendment prohibits punishments that are no longer acceptable to civilized society and referred to as "cruel and unusual punishments. " Discuss the history and reasoning of this Amendment and comment on the views of the Supreme Court and conclude the response with court case examples and their decisions.. 1. The U.S. Supreme Court has identified cruel and unusual punishment into two categories: barbaric punishments and disproportionate crimes. Barbaric punishments are punishments that society does not see as acceptable today.
The 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.
“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
We should choose the death penalty because I see it as taking a precaution to stop someone from taking any more innocent lives. Executing the murderers is the only way justice can be given to the person who was murdered and their families. If people knew that they would be killed themselves for murdering someone they would not do it because they would not want to
I believe that death penalty is considered to be a cruel and unusual punishment. In my opinion, a life is priceless and shouldn 't be taken away without their willingness. All men are created equal- no man was made better than the other and therefore should not bring death on their life. On the other hand, I think that there are more reasons why people would support the death penalty.
The death penalty is a good thing at times it gets closure to the victim's families who've suffered a loss while Justice is being served. The United States isn't the only place that that still has the death penalty for certain crimes, other nations do as well. It's very beneficial when it comes to contributing to our issue of overpopulation in the prisons. If there's a lot of overpopulation it can be very difficult when prisoner's get loose to keep them in control as well as the costs of keeping them locked up presents an issue when coming out of tax. The death penalty becomes a tool of fighting with violence against murders who've not yet committed the crime, due to the fear of death or getting caught.
While there are far more subjects to discuss regarding to this issue, I feel it necessary to state that I believe the death penalty should exist in a perfect society. I believe that certain crimes and certain situations warrant the punishment of death. However, the our society is not perfect. The justice system has failed to fairly use this punishment in far too many instances, and concludes that they cannot justly wield this
Firstly, 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.”
Does the death penalty violate the Eighth Amendment? The U. S. Supreme Court found to uphold the last penalty in Gregg v. Georgia (1976) as an acceptable sentence, when an offender has committed murder and ruled that the judgment did not offend the Eighth Amendment. Yet Americans have a fear of putting an innocent person to death. However, offenders are given the opportunity to have the death sentenced overturned. In fact, a direct appeal begins immediately in some of the sentencing state's highest courts when an offender is sentenced to the death penalty.
Although, the term “cruel and unusual punishment” is constantly changing as society develops. For example when the amendment was first made cruel and unusual punishment at the time was being burned at the stake or being tortured. Today cruel and unusual punishment can include the death penalty and it was not until a little after the 1970s when the death penalty was considered a part of cruel and unusual punishment. 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