Constitutional Conflict of the Dealth Penalty
The courts positions of the death penalty has changed over the years. For centuries societies have used death as the ultimate penalty for crime. In the 1960's, the court ruled against the death penalty as a "cruel and unusual punishment", which was forbidden by the eighth amendment of the Constitution. By the 1990's the death penalty was again in wide use supported by the court and Congress, which continually expanded by legislation the crimes for which death would be an acceptable penalty.
Supreme Court cases that have felt the death penalty was unconstitutional include Roberts vs. Louisiana and Furman vs. Georgia. Roberts vs. Louisiana, (1976) was a case that tried Robert, who robbed a store in Louisiana. During the robbery, Robert shot and killed an on duty police officer. He was convicted of first degree murder and was sentenced to death. He appealed and his case went to the Supreme Court. The Supreme Court's decision was that it was unconstitutional for everyone convicted of murder to be sentenced to death.
The most important case that ruled the death penalty unconstitutional is Furman vs. Georgia, 1972. The U.S. Supreme Court, in a majority of five to four, ruled that the death penalty was "cruel and unusual" and thus violated the eighth amendment. Justice Brennen thought the death penalty was "cruel and unusual in all cases, a denial of the executed person's humanity, and uniquely degrading to human dignity" (The American Heritage History of the Bill of Rights, p. 93.).
Historically speaking when the Eighth Amendment was written Capitol Punishment was a fact of American life and continued to be so. The Supreme Court handed down on July 2, 1976 in G...
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... approach does not justify eliminating the practice. Doctors make fatal mistakes and so do politicians but these mistakes do not argue for doing away with the practice of medicine or government. Capitol Punishment should not be performed on anyone who has not been given due process of law and whose guilt is not beyond all reasonable doubt. Therefore Capitol Punishment does not in any way violate the Eighth Amendment.
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...d some publicity, and several lawyers were now handling his appeal,” (Furman v. Georgia). The first step was the Georgia Supreme Court. The court unanimously voted to uphold the lower court’s decision of the death penalty. The Chief Justice, W. H. Duckworth, gave Furman time to petition to the US Supreme Court before the execution was finalized. The Supreme Court approved. And thus, the official Furman v. Georgia case had begun. “I admit going to these folks' home and they did caught me in there and I was coming back out, backing up and there was a wire down there on the floor. I was coming out backwards and fell back and I didn't intend to kill nobody . . . The gun went off and I didn't know nothing about no murder until they arrested me, and when the gun went off I was down on the floor and I got up and ran. That's all to it,” (Official Supreme Court Transcript).
The death penalty is a cruel and unusual punishment which is strictly prohibited by the 8th amendment. William J. Brennan, Jr., JD, the Former US Supreme Court Justice, stated "Death is not only an unusually severe punishment, unusual in its pain, in its finality, and in its enormity, but it serves no penal purpose more effectively than a less severe punishment; therefore the principle inherent in the Clause that prohibits pointless infliction of excessive punishment when less severe punishment can adequately achieve the same purposes invalidates the punishment." Gregg v Georgia [1976]. After committing a crime all criminals will face some form of punishment after the action. As the honorable William J. Brennan stated above, if you can still bring justice to the crimes committed why would one go the extra mile to take somebody’s life. This makes the death penalty look spiteful and cruel. Even though criminals should be fully held for their actions and are not worthy of supporting in a jail cell, these arguments do serve a purpose. It is against America’s ethics as a country that follows the Constitution to continue these executions and makes the US look hypocritical and inhumane when trying to be the role model for the
In 1972, the Furman v. Georgia case temporarily caused capital punishment in the United States to cease until distinct guidelines about the crimes that required the death penalty were written. Until states revised their laws, capital punishment was ruled cruel and unusual punishment. Before Furman, there were no clearly defined laws about what constituted capital punishment, so the process to sentence a capital criminal was much faster and easier. By adding an appeal system, most states permitted capital punishment once again, but the prisoner’s time spent on death row drastically increased. Adding an appeal system did not make killing a human being any less cruel and unusual; in fact, ordering a person to live in fear, uncertainty, and agony for an even longer period of time is crueler than quickly ending the
Opponents of the death punishment lauded the Supreme Court decision in the 1972 ruling that a jury's unregulated option to impose the death penalty led toward a "wanton and freakish pattern of its use" that was cruel and unusual. However, the anti-death penalty lobby was not the outright winners because the court failed to call the death penalty unconstitutional. Just a few years later, capital punishment was back with full force in the United States.
...n some peoples’ opinions’ that would be a horrible idea, but I think that if someone was to make people suffer and put them through absolute misery, they should not be let off the hook very easily. 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 “as “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 should agree on a cruel or unusual punishment.”.
Don't you think that putting people to death is brutal? Wouldn't you rather have them stay in prison for the rest of their lives? In fact, it costs far more to execute a person then to keep him or her in prison for life. The EighthAmendment states that it prevents cruel and unusual punishment, and the death penalty is violating it. The Supreme Court case, McCleskey v. Kemp (1987) violates the Eighth Amendment purpose. Therefore, the death penalty clearly defies the Eighth Amendment and shouldn't be used for people who have convicted murder.
(1999, December). Available: http://www.hrw.org/campaigns/crp/ promises/law.html Ricotta, D. (1988). Eighth amendment-the death penalty for juveniles: A state's right or a child's injustice. Journal of Criminal Law & Criminology, 79, 921-951. Streib, V. (2000, June).
The eighth amendment was passed by congress on September 25, 1789. Back in ratified in 1791 as part of the Bill of Rights to protect individual freedoms from being infringed upon by the government. The language of the amendment has been traced back to the year 1215. In that year, the British drafted what is known as the Magna Carta of 1215. Within the Magna Carta came up the idea that “punishments ought to fit the crime.” With that, the provision in the eighth amendment directly states that there is protection from any cruel or unusual punishment. “Passed by Congress September 25, 1789. Ratified December 15, 1791.” This amendment, which was modeled closely after the English Bill of Rights of 1689
In the early 1950’s, the number of executions sharply declined. Opponents of the death penalty claimed that it violated the Eighth Amendment, which forbids cruel and unusual punishment. Opponents also claimed the death penalty violated the Fourteenth Amendment, which states that all citizens are entitled to equal protection under the law. In early 1972, William Furman was convicted of burglary and murder. While Furman was burglarizing a home, a resident arrived at the scene. Startled, Furman tried to flee, but tripped and fell in the process. The gun Furman was carrying discharged, killing the resident in the process. Furman did not believe he deserved the death penalty. The constitutionality of capital punishment in this circumstance was considered in the supreme co...
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.
In 1972, the United States Supreme Court suspended the imposition of the death penalty, finding it unconstitutional because it was imposed disproportionately on minorities and the poor. The ban was brief. The Court approved new death penalty statutes in 1976, and government-sponsored killings resumed.
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.
Women on Death Row The eighth amendment protects Americans from the infliction of cruel and unusual punishment. Many death penalty opponents use this as the backbone to their argument against capital punishment. Other than being cruel, I do not think that the death penalty can be used judiciously in the United States or any other part of the world. Personally, I do not think that human beings are perfect and as such they cannot set up a perfect justice system.
... 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.
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.