established the action of retalitation and retribution of "an eye for an eye." Over time punishment
theories have developed from retribution, detterence, incapacitation, rehabilitation and reform.
Regardless of this development the death penalty has been in existence as far back as history can tell.
The death penalty is a concept of retribution, it's a simple and swift answer to physical or
pyschological harm done to a person by the victim or victim's family. The only difference now
from ancient times is that the retribution is done by our legal system and not the victim's family.
It is facinating how society has enhanced to what is is today in all aspects of life, but we continue
to punish those who take part in crime in a manner that is uncivilized and inhumane. Not only is the death
penalty still being used across the globe and in our nation, but now is being introduced to youth offenders.
I firmly stand that the Cruel and Unusual Punishment clause of the eighth
amendment bars the imposition of the death penalty of juveniles.
The U.S. Constitution's eighth amendment states, "Excessive bail shall not be required, norexcessive fines
imposed, nor cruel and unusual punishments inflicted." A number of state constitutions also adhere to
similar provisions. Our constituion created by our the founding fathers of our country clearly established
the eighth amendment to protect those committed of crimes. This begs the question, how is the death penalty
still part of the legal system and why has it not yet been found unconstitutional? Some suggest the best possible
answer is detterence. To discourage and prevent future crim...
... middle of paper ...
...A evidence at
the crime scene. As we advance in technology and science, this allows those who have been wrongfully
committed of crimes to in the future possibly be found innocent. The death penalty takes this component
away disregarding true justice to be served.
I believe not only that the eighth amendment protects offenders from cruel and unusual
punishment, but that our legal system and nation should not represent nor promote the death
penalty as a response to violent crimes specifically regarding youth. Our nation was built on
values and morals that speak against retribution and punishment. Our religious beliefs do not
condon these actions either. We must not turn our backs against the troubled youth, but mold
them to be successful productive citizens for they are the future of the world.
Challenge of Democracy
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