CRUEL AND UNUSUAL PUNISHMENT IN THE UNITED STATES 2 Cruel and Unusual Punishment in the United States: Continuity and Change within the Last Two Centuries A significant aspect of the eighth amendment to the United States Constitution is that the infliction of cruel and unusual punishments is prohibited. However, interpretations of the definition of what a cruel and unusual punishment consists of have become extremely ambiguous. For example, many argue that the death penalty is unconstitutional because it is cruel to take another person’s life willingly; however, others argue that it is acceptable if it is done in a controlled and humane manner. Over the course of the United States history, punishments have ranged from public whippings Should the clause be confined to the seventeenth century ideology it originated from or should it be understood according to the people’s popular opinion? The two main arguments that form the debate of the constitutionality of punishments circulate around whether the clause should be interpreted according to when it was written or the current state of affairs. However, John F. Stinneford, a professor at the University of Florida Levin College of Law, explains that the appropriate way to determine whether a punishment violates the cruel and unusual clause of the eighth amendment follows neither of these arguments. Rather, he analyzes the holistic clause and pays close attention to the usage of the word “unusual” often overlooked by those debating its meaning. Stinneford explains his argument as follows: “If a given punishment has been continuously used for a very long time, this is powerful evidence that multiple generations of Americans have considered it reasonable and just… If a once-traditional punishment falls out of usage for several generations, it becomes unusual. If a legislature then tries to reintroduce it, courts should compare how harsh it is relative to those punishment practices that are still part of our tradition.” (Stinneford, 2016). This interpretation is validated by countless examples in United States history, such as how it has become unconstitutional to sentence the death penalty
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. This amendment is the 8th bill of rights in the constitution of the United States of America. The death penalty is a direct violation of the constitution of the United States, and should be deemed unlawful by the Supreme Court. Although the death penalty shows justice at avenging the death of the innocent, it is not cost effective by being ten times more expensive than a criminal spending life in prison, and it violates the 8th amendment in the Constitution of the United States which is the supreme law of the land.
The eighth amendment of the United States Constitution prohibits cruel and unusual punishments. New Cutting edge technology carries with it the likelihood of new treatment for criminals. A fictional example of such technology is Ludovico treatment, which alters the consciousness of a criminal and makes them non-violent. The use of the Ludovico treatment on prisoners can be considered a cruel and unusual punishment and thus violate the eighth amendment. Even though this treatment may be technically unconstitutional, it would be allowed in the United States for the betterment of society.
Weems v. United States (1910) set a judicial precedent for showing that punishment must be proportionate to the crime committed and allowed courts to decide what is “cruel and unusual”. Lower courts allowed the VIS and that use sometimes came under question. Thus the case was sent to the U.S. Supreme Court to review. In Booth v. Maryland (1987) and Gathers v. South Carolina (1989) the U.S. Supreme Court ruled that VIS could potentially lead to harsher sentences and yet upon further review reconsider their stance on VIS and overturn their decisions and concluded that the Eight Amendment was not violated by victim Impact statements on the ground that such statements did not lead to cruel and unusual punish...
... So instead of the Eighth Amendment being “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” (Legal Dictionary), it should be “Excessive bail or fines should not be imposed unless it fits the crime committed, cruel and unusual punishment should also not be imposed unless the need was to arise where the crime was extreme enough for all the jury members to agree on a cruel or unusual punishment.”. Works Cited Legal Dictionary. Farlax.
The “cruel and unusual” clause in the eighth amendment states that “cruel and unusual punishment” such as torture or lingering death can not be inflicted on anyone as a form of execution. It is however permissible under the 8th Amendment to execute a convict by means of hanging, shooting, electrocution, and lethal gas.
Many call capital punishment unconstitutional and point to the Eighth Amendment of the Constitution for support. The amendment states that, "Excessive bail shall not be required, nor excessive fines be imposed, nor cruel and unusual punishment be inflicted." Those who oppose the death penalty target the 'cruel and unusual' phrase as an explanation of why it is unconstitutional. Since the Framers of the Constitution are no longer with us and we base our nation on the words in which that document contains, the legality of the death penalty is subject to interpretation. Since there is some ambiguity or lack of preciseness in the Constitution, heated debate surrounding this issue has risen in the last ten years.
Capital punishment remains a cause for debate with people continuing to disagree. on what cruel and unusual punishment consists of. Cruel and unusual punishment being defined as torture or a deliberately degrading punishment, in no way does the death. penalty falls into this category. Having the death penalty in our society deters potential violent offenders from committing crimes, saves the government money, and guarantees that offenders will not commit these crimes again.
Is the death penalty consistent with the Eighth Amendment's prohibition against the imposition of cruel and unusual punishments? This essay will address this question and present a short history of the death penalty in America.
Offenders given mandatory life in prison on charges of murder, on average only serve 16 years before being released back into society. One in three of these killers carries out a second murder even under the supervision of the probation officer.1 If we allow murderers to spend life in prison we run the chance of them getting out and killing again. Capital punishment can also deter future perpetrators from committing such a heinous crime, and it will end the prisoner’s suffering by giving them a humane death and give closure to the victim’s family. Without a concrete meaning of “life in prison” we need the death penalty to put an end to the most evil of people.
... rape or treason was committed ("8th Amendment to the Constitution – U.S. Amendment VIII Summary"). However, there are some cases where the death penalty is unacceptable regardless of the crime. In the Supreme Court case of Roper v Simmons the court decided that the execution of someone for a crime they committed when they were a minor violated the eighth amendment . The court case of Atkins v Virginia established that the death penalty is not an acceptable punishment for mentally ill felons (Lemieux, "The Supreme Court's Empty Eighth Amendment Promise"). The Supreme Court has also ruled that executing anyone under the age of 18 is an act of cruel and unusual punishment ("8th Amendment to the Constitution – U.S. Amendment VIII Summary"). The death penalty is the worst punishment a person could get, and because of that there are many restrictions on when to use it.
We kill people to show them killing is wrong. The death penalty does not punish people for killing but for murdering someone. Murder is "the unlawful, malicious, or permitted killing of one human being by another" (Carmical 1). The slogan should be ?We execute people to show people that murder is wrong.? The death penalty is racist, it punishes the poor, it causes the innocent to die, it is not a deterrent against violent crime, and it is cruel and unusual punishment. The death penalty is wrong and it should be abolished.
Americans have argued over the death penalty since the early days of our country. In the United States only 38 states have capital punishment statutes. As of year ended in 1999, in Texas, the state had executed 496 prisoners since 1930. The laws in the United States have change drastically in regards to capital punishment. An example of this would be the years from 1968 to 1977 due to the nearly 10 year moratorium. During those years, the Supreme Court ruled that capital punishment violated the Eight Amendment’s ban on cruel and unusual punishment. However, this ended in 1976, when the Supreme Court reversed the ruling. They stated that the punishment of sentencing one to death does not perpetually infringe the Constitution. Richard Nixon said, “Contrary to the views of some social theorists, I am convinced that the death penalty can be an effective deterrent against specific crimes.”1 Whether the case be morally, monetarily, or just pure disagreement, citizens have argued the benefits of capital punishment. While we may all want murders off the street, the problem we come to face is that is capital punishment being used for vengeance or as a deterrent.
The definition of justice and the means by which it must be distributed differ depending on an individual’s background, culture, and own personal morals. As a country of many individualistic citizens, the United States has always tried its best to protect, but not coddle, its people in this area. Therefore, the criminal justice history of the United States is quite extensive and diverse; with each introduction of a new era, more modern technologies and ideals are incorporated into government, all with American citizens’ best interests in mind.
Capital punishment has been a controversial topic in association to any person condemned to a serious committed crime. Capital punishment has been a historical punishment for any cruel crime. Issues associated to things such as the different methods used for execution in most states, waste of taxpayers’ money by performing execution, and how it does not serve as any form of justice have been a big argument that raise many eyebrows. Capital punishment is still an active form of deterrence in the United States. The history of the death penalty explains the different statistics about capital punishment and provides credible information as to why the form of punishment should be abolished by every state. It is believed
Crime is everywhere. Wherever we look, we find criminals and crime. Criminals have become a part of our daily lives. Does this mean we let them be the darkness of our society? No, definitely not. Eliminating crime and criminals is our duty, and we cannot ignore it. Getting the rightly accused to a just punishment is very important. Some criminals commit a crime because they have no other option to survive, but some do it for fun. I do not advocate death penalty for everybody. A person, who stole bread from a grocery store, definitely does not deserve death penalty. However, a serial killer, who kills people for fun or for his personal gain, definitely deserves death penalty. Death penalty should continue in order to eliminate the garbage of our society. Not everybody deserves to die, but some people definitely do. I support death penalty because of several reasons. Firstly, I believe that death penalty serves as a deterrent and helps in reducing crime. Secondly, it is true that death penalty is irreversible, but it is hard to kill a wrongly convicted person due to the several chances given to the convicted to prove his innocence. Thirdly, death penalty assures safety of the society by eliminating these criminals. Finally, I believe in "lex tallionis" - a life for a life.