In the United States Constitution, the 8th Amendment prohibits the use and practices of cruel and unusual punishment. What exactly is considered to be cruel and unusual punishment? This question is a hot topic among America's many different current controversies. Many people are saying that the use of capital punishment (to be sentenced to death as a penalty in the eyes of the law [a capital crime]. An execution [capital punishment]) is a direct violation of the 8th Amendment to the Constitution of the United States (Capital Punishment). They say there should be another way to deal with these criminals other than having them executed. The purpose of this paper is to give a brief history of the death penalty and state some alternative forms of punishment along with opposing viewpoints. As t which one is right, that's up to you to decide.
Capital punishment has been a part of our government since the seventeenth century (The Death Penalty in America). The criminal law that we had here was just a variation colony by colony, on the law of England. Although the capital law of the thirteen colonies differed from one another, many interesting and important details concerning the death penalty and various other things occurred during the century and a half of the colonial period. All of the colonies authorized public executions by hanging as the mandatory punishment for various crimes against the state, the person, and the property (The Death Penalty in America).
In the early nineteenth century, English criminal law imposed the death penalty for a wide range of crimes from murder, treason, rape, to such stupid things as petty theft. Of all of the nonhomocidal crimes particularly by death, rape was...
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... exited the house.
Unknown to Furman, he had hit Micke in the chest and he had died from his wounds. Lanell, wife of the victim called the police and they found Furman lying under his house. Furman was arrested and formally charged with murder. From this case, the Supreme Court stated that the use of capital punishment was not unconstitutional (Furman vs. Georgia: Constitution and the Death Penalty).
Many opposers of the death penalty say that life in prison is just as good as the death penalty. They also say that a person can change. They would allow a convicted murder the chance for probation and a chance to kill again. They would also allow the convicted person to be on a work release program.
Is the death penalty fair and just? That depends on the person and the circumstance, so who is right and who is wrong? That's up to the courts to decide.
In this essay, the author
Explains that the 8th amendment prohibits cruel and unusual punishment, which is a hot topic among america's current controversies.
Explains that capital punishment has been a part of our government since the seventeenth century. the thirteen colonies authorized public executions by hanging as the mandatory punishment for various crimes against the state, the person, and the property.
Explains that in the early nineteenth century, english criminal law imposed the death penalty for a wide range of crimes from murder, treason, and rape. rape was the most numerous nonhomocidal crimes.
Argues that both sides can agree that the death penalty stops the convicted murder from ever killing again.
Explains that there are currently five different ways to carry out the death penalty in the united states. the first is death by firing squad.
Explains that the first recorded execution by firing squad was in 1608, when george kendall, one of the original councilors in the colony of virginia was put to death.
Explains that people opposed to the death penalty say that being shot to death is cruel and unusual punishment. some members of the firing squad aim away from the man's heart, shooting him where it would take longer to die.
Explains that elisio mares was shot on the right side of his chest during his execution in 1951. gary gilmore's heart was pierced in 1973. the doctor had to check twice before pronouncing him dead.
Explains that before the british refinements of the hanging procedure in the nineteenth century, the punishment consisted of looping the rope around the condemned man's neck and dropping him from a height.
Explains that d. a. turner, a major in the united states medical corps, invented the gas chamber in 1924 and studied the effects of gas warfare during world war i.
Analyzes how opposes to the death penalty dislike this form of execution because the apparent distress of the victim causes severe headaches and chest pains.
Narrates how gray had convulsions for eight minutes, gasped eleven times, and struck his head on a pole while struggling in the gas chamber after the 1983 execution of jimmy lee gary.
Explains that lethal injection was the up-and-coming method in the 1970s and early 1980s. it took 47 minutes for the execution team to insert the iv into billy wayne white.
Explains that botched electrocutions have made sensational headlines since the 1980's. in virginia, faulty electrodes and improperly applied voltage led to a slow and agonizing death.
Explains that furman vs. georgia opened the door for capital punishment. he planned on robbing a supposedly empty house and selling his goods.
Narrates how furman believed no one was home in the dark house, but william micke, his wife, and their five children were home asleep.
Explains that furman had hit micke in the chest and died from his wounds. lanell, the wife of the victim, called the police and found him lying under his house. the supreme court ruled that capital punishment was not unconstitutional.
Explains that many opposers of the death penalty say that life in prison is just as good as death, and that a person can change.
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 this essay, the author
Analyzes the controversy surrounding the death penalty. the salem witch trials had the same problem as today's society. twenty innocent people were sentenced to death.
Explains that capital punishment barely made its way into american society. public executions were festive and frequent in the 15th century.
Explains that the death penalty seemed fated for extinction by the mid 1960s. only seven executions were conducted in 1965 and only one in 1966.
Explains that many call capital punishment unconstitutional and point to the eighth amendment of the constitution for support.
Explains that those who argue against capital punishment often use the wrongly accused as examples. bedau and radelet named 350 people who were wrongfully convicted of potentially capital crimes in the united states between 1900 and 1987.
Explains that shabaka waglini was convicted of killing a shopkeeper in 1973, but died within 15 hours of dying in the electric chair 10 years later. the state prosecutor knowingly allowed the main witness to lie and concealed evidence.
Argues that capital punishment is intended to provide rehabilitation, and prison keeps dangerous criminals away from society. however, the death penalty ranks last as a way of reducing violent crime.
Explains how sister camille d'arienzo started the declaration of life movement in 1994. the pledge states that in the case of being the victim of a murder they want the killer to be punished but not killed.
Explains that many who are anti-death penalty believe that the execution itself is cruel and unusual. the gas chamber and lethal injection are considered the softer of the approved execution methods.
Analyzes how lewis e. lawes described the electric chair as a prisoner leaping to break the leather straps. the body heats to 130 degrees, less than roast beef.
Compares the electric chair to the executions in ancient persia where condemned prisoners were eaten alive by insects and vermin.
Explains that even though executions are ongoing in the u.s., there are limits to what crimes are deemed punishable by the death penalty.
Opines that capital punishment is acceptable and should remain legal. they believe that the electric chair can be cruel and unusual, but they hope that if they want to continue executing criminals, they find an alternative manner of death.
Opines there are benefits to capital punishment, but there will always be a human flaw. there is no reasonable argument or justification in the loss of an innocent.
Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.
Eighth Amendment, 1791
The Eighth Amendment to the U.S. Constitution limits the punishments that may be imposed by the government on American citizens. These limits are compulsory among the states by way of the Fourteenth Amendment. The English Bill of Rights of 1689 expressed concern with arbitrary and disproportionate sanctions, giving way to the Founders inclusion of the prohibition against cruel and unusual punishment.
In this essay, the author
Explains that the eighth amendment to the u.s. constitution limits the punishments that may be imposed by the government on american citizens. the english bill of rights of 1689 expressed concern with arbitrary and disproportionate sanctions.
Explains that constitutionally acceptable punishments include fines, imprisonment, and humane executions for certain serious crimes. inherently unacceptable penalties include inflicting unnecessary physical pain, degradation or humiliation, continuous surveillance and forfeiture of citizenship.
Explains that the right to bail, protecting individual freedoms prior to conviction, is not guaranteed in our bill of rights. the 1979 bell v. wolfish case held that defendants could be deprived of liberty as a matter of compelling necessity.
Explains that the supreme court upholds the excessive fines clause only as it pertains to fines imposed by and paid directly to the government.
Explains that the prohibition against cruel and unusual punishment concerns itself with disproportionate and arbitrary punishments imposed by the government. cruelty is interpreted as actions that oppose current standards of decency.
Explains that there has been unrelenting controversy over the constitutionality of matters such as mandatory minimum sentences, three strikes laws, life without parole for juvenile offenders, and capital punishment.
Explains that three strikes laws have had a similar impact and incur much of the same controversy.
Explains that the supreme court ruled that life without parole violated the eighth amendment if the defendant was a minor during the commission of the crime.
Explains that the supreme court in roper v. simmons (2005) ruled it unconstitutional to execute offenders whose crimes were committed as juveniles, and ford
Explains that in 1967 the court ruled that the death penalty violated the eighth amendment. furman v. georgia declared certain capital punishment laws unconstitutionally cruel and unusual due to arbitrary and capricious application
Explains that since 1976 all executions have been for murder or conspiracy to commit murder. the stewart plurality provides for the opportunity to review individual consideration of character of the defendant and the articulation of mitigating and aggravating circumstances.
Explains the costs involved in the appeals process, the ineffectiveness of its use as a deterrent, and the potential for mistaken or misguided convictions.
Explains the eighth amendment extends protection to those incarcerated, though certain justices have argued that the protection only extended to judicially-imposed sentences.
Explains that the eighth amendment allows for the application of physical force against inmates only when the force is not used maliciously or sadistically to inflict injury, rather than to maintain or restore order. the mental state of the guard is the defining factor in whether the treatment of prisoners can be considered cruel and unusual.
Explains that the eighth amendment to the constitution allows for growth and change within the limits of what punishments are considered acceptable.
Describes the facts about the death penalty and the cruel and unusual punishment.
The eighth amendment states that in America, cruel or unusual forms of punishment shall not be placed on any person. Any punishment declared disproportionately harsh will be overturned on appeal (“8th+Amendment”). The main question is, what is considered inhumane or cruel? This topic brings controversy because these ideas tend to be more of an opinion. The U.S. Supreme Court explains criminal sentences that are inhuman, outrageous, or shocking to the social conscience are cruel and unusual. Though this law was set specifically towards ancient forms of execution, it is also noted this is to prevent any punishment resulting in a lingering death (“8th+Amendment”). Many unaware of the complete execution systems available in America may be unaware this amendment outlaws our punishment form. Lethal injection is considered a more humane form of the death sentencing used in Americ...
In this essay, the author
Opines that capital punishment should be out lawed in the united states of america because it violates the constitution and is compiled of flaws.
Explains that the eighth amendment states that cruel or unusual forms of punishment shall not be placed on any person.
Opines that america's inhumane execution system is full of many flaws. dna technology proved many innocent have been convicted and killed for crimes.
Opines that putting more attention on citizen's mental health would not abolish all crime, but it would greatly lower the amount of inmates found in jails and prisons across the us.
Argues that the death penalty does not deter crime rates or aid in government control.
Opines that the death penalty costs the state more than $4 billion since 1978, including $1.7 billion in legal expenses.
Argues that capital punishment violates the constitution, is inhumane and compiled of flaws, and does not help control crime, lower crime rates, or hurt the economy.
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.
In this essay, the author
Explains that the supreme court considered particular applications of the death penalty in the 1940s and 1950s. the naacp legal defense fund, led by professor anthony amsterdam, mounted a full-scale attack.
Explains that in furman v georgia in 1972, the court invalidated all then-existing death penalty laws based on the inherent arbitrariness of their application. the court upheld georgia's new capital-sentencing procedures in 1976.
Explains that the court continued to face questions regarding the application of the death penalty to non-murderers, minors, mentally disabled prisoners, and racial minorities. mccleskey v. kemp challenged a study that showed murderers of white victims were far more likely to be sentenced to death than
Explains that the eighth amendment doesn't require excessive bail, fines, or cruel and unusual punishments. it squares with the actual facts of capital punishment.
Analyzes how clarence darrow's eloquence was credited with saving the lives of two confessed teenaged murderers.
Opines that if these two boys are sentenced to death and are hanged, on that day there will be a pall settle over the people of this land.
The Constitution of the United States is a written document that lays out the structure of the American government. It clearly and definitely grants certain powers to each of the three branches of the federal government, while reserving other powers to the people who represent each of the 50 states or the people as individuals. The Eighth Amendment was added into the constitution, in 1791, as a part of the Bill of Rights and it was introduced by James Madison. Some punishments are completely forbidden under the Eighth Amendment, such as taking away someone who is already a citizen of the United States citizenship, or painful or exhausting labor. Because of the Eighth Amendment being added to the U.S. Constitution, there are very specific laws
In this essay, the author
Explains that the eighth amendment was added to the u.s. constitution in 1791 as a part of the bill of rights and introduced by james madison.
States that the eighth amendment was put into the u.s. constitution to help with unfair treatment of the american people by the government.
Explains that the eighth amendment to the united states constitution, as a part of the bill of rights, is to protect the individual person’s rights from the government.
Opines that the death penalty is a humane option that eliminates current public menaces and protects the general public from new ones.
Explains that hudson v. mcmillian dealt with the concept of cruel and unusual punishment under the eighth amendment of the u.s. constitution.
In the Eighth Amendment of the Constitution of the United States, it is stated that cruel and unusual punishment is prohibited. In opposer's minds, capital punishment is classified as cruel and unusual. There are many methods of execution used by the various states. These range from hanging to firing squads. These methods are extremely barbaric practices that occur in a supposed modernized civilization.
In this essay, the author
Explains that the death penalty is the most severe sentence that can be administered to a criminal (capital punishment 1). only fourteen states in the us prohibit capital punishment.
Explains that the eighth amendment of the united states states that cruel and unusual punishment is prohibited.
Analyzes how the bible offers guidance when considering the disgrace of capital punishment to society. in matthew, a council of religious leaders condemned christ.
Explains that the infliction of the death penalty is becoming less frequent and the actual execution is even more rare, both in the united states and in foreign countries.
Explains that since capital punishment was resumed in 1976, there have been three hundred and ninety-one executions. lethal injection is the most common form.
Opines that many americans support the death penalty because it is easier and cheaper to execute prisoners than to sentence them to life. once a convicted murderer is executed, there are no further costs.
Explains that the primary support for the death penalty comes from law enforcement groups such as police. tom guilmette believes that society has a right to punish lawbreakers through capital punishment.
Explains that mr. j. edgar hoover was one of the most famous opponents of abolition of death penalty. he felt that killing someone was the easiest way to solve the problem of punishment.
Argues that the use of the death penalty is defended by the claim that murder rates in the united states are abnormally high.
Opines that supporters of the death penalty need to be reminded of this often and think about what they are in favor of standing for.
Cites the economist, the morality of capital punishment, and endres, michael e.
All through the history of our country, we have sentenced people to death as the last form of punishment for grave crimes. Even before our founding fathers wrote the constitution and its amendments, the colonies had public executions. Capital punishment
In this essay, the author
Analyzes the pros and cons of the death penalty. does it give the victim's family peace or cause them to suffer waiting for appeal after appeal?
Explains that capital punishment has been a subject of debate among policymakers, government officials, and citizens alike. the fifth amendment clearly states that someone cannot be deprived of life without due process of law.
Argues that lethal injection, the gas chamber, and electrocution are unconstitutional and that citizens need to understand that blood is on their hands.
Explains that electrocution was supposed to be more humane than hanging. it starts with a cruel and agonizing preparation where the offender has all the hair on their body shaved.
Explains that the average time it takes someone to be put to death in the gas chamber is between ten to eighteen minutes.
Explains that lethal injection is unreliable and can cause prolonged delays with the inmate strapped to the gurney because a good vein cannot be found.
Argues that the pros and cons arguments over the use of the death penalty were a fair match until studies of cost, deterrence, closure for victims' families, human rights, pain and suffering and finally wrongful conviction.
Explains why proponents of the death penalty always say that it is cheaper to put offenders to death when study after study has shown that life without parole.
Concludes that the death penalty should be ruled unconstitutional because it violates the sixth and eighth amendments of the united states constitution.
Cites aclu's scattered justice: geographic disparities of the death penalty.
Cites associated press and death penalty information center's definitions of execution methods and facts about the death penalty.
The eighth amendment of the U.S Constitution has been a key part to the justice system from the moment it was created. It provides the basic rights that everyone deserves. The eighth amendment is very important because it guarantees many “freedom from” rights. For example, it protects Americans from cruel and unusual punishments. Without the eighth amendment many people would be punished in an inhumane manner based on the morals of the judge. The eighth amendment is crucial to the U.S Constitution because it promises that all citizens are guaranteed their rights, including the citizens who are felons and display criminal acts.
In this essay, the author
Explains that the eighth amendment is crucial to the u.s constitution because it promises that all citizens are guaranteed their rights, including those who are felons.
Explains that the eighth amendment was created to protect americans from excessive bail and fines, and cruel and unusual punishments.
Explains that the eighth amendment prohibits excessive bail and fines. the supreme court's stack v boyle case established that bail becomes excessive if the amount is set higher than what is calculated by governmental interest.
Explains that the eighth amendment prohibits cruel and unusual punishment, which is defined by "evolving standards of decency"
Explains that the death penalty is the most contested issue regarding the eighth amendment.
The death penalty is an issue that’s much on the controversial side and there are those who believe it to be just and right; alongside there are also those who believe it to be cruel and unusual punishment. The first time that the thought of introducing a death penalty in the United States was during the year 1608 against a man named George Kendall who was accused of being a spy for Spain making him the first person to be executed on American soil (Death Penalty Info Center). Later on it went as far as giving people the death penalty for theft of grapes, making trades between Indians, and killing chickens; these reasons were soon revised and repealed by Bradford in Pennsylvania during 1794 and it changed the course of action towards the death penalty to be enforced only if charged with first degree murder.
In this essay, the author
Explains that the death penalty is a controversial issue, with some believing it is just and right, while others believe it to be cruel and unusual punishment.
Explains that statistics for the death penalty can be viewed by selecting a specific state and what the stats are for that particular state. furman vs. georgia was an act of cruel and unusual punishment.
Describes the death penalty information center's history of the death penalty.
Summarizes terry lenamon's list of federal death penalty aggravating factors and mitigating circumstances.
Explains that in judaism, the death penalty was a reminder of the severe nature of certain acts.
Summarizes the oyez project at iit chicago-kent college of law's "capital and corporal punishment in judaism."
Capital punishment has been around for thousands of years. Back in medieval times and even earlier, decapitations were very common for criminals and those against the crown. Then hanging came into play in the 1700’s and 1800’s. This was the primary method of execution in the United States until the 1890’s when electrocution replaced it.
In this essay, the author
Analyzes the controversy surrounding the use of capital punishment in america. lethal injection may not be as beneficial and painless as once thought.
Describes one of the worst botched executions in history. angel diaz was convicted of murder of a bar owner in 1979 and was sentenced to death.
Explains that diaz struggled to breathe for 11 minutes, then it was over. the lethal injection is now considered nothing but "cruel and unusual" punishment to many.
Explains that capital punishment has been around for thousands of years. decapitations and hanging were common in medieval times. electrocution replaced it in the 1890s.
Opines that the issue of capital punishment will be controversial for a long time. minorities usually make up the largest percent of those sentenced to death in court.
Explains that people who support the death penalty and capital punishment have just as many reasons as those who oppose it.
Analyzes the west memphis three case, where three teenage boys were convicted of killing three eight-year-old boys, but no evidence was brought against them except accusations of satanism.
Argues that the death penalty permanently removes killers or rapists from our society, which is cheaper and safer for the rest of us than keeping them incarcerated. retribution is another pro of capital punishment.
Opines that capital punishment is morally and ethically correct. people will always take their stand on the side they choose.
Cites tisch, chris, and krueger, curtis. "executed man takes 34 minutes to die".