The Eighth Amendment to the United States Constitution states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The key phrase to examine when determining the constitutionality of capital punishment is “cruel and unusual punishments.” The question that must be answered are ‘what makes a punishment cruel and unusual’ and if or how these standards apply to capital punishment. According to Supreme Court Associate Justice William Brennan “the Cruel and Unusual Punishments Clause ‘must draw its meaning from the evolving standards of decency that mark the progress of a maturing society” (Brennan 32). Judging from thi...
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...ministration of Justice. Report and Recommendations on the Administration of the Death Penalty in California. 2008. Web. 2 Mar 2011.
Coursey, Ethan. “Death Penalty Survey.” Survey. 22 Feb 2011.
Marshall, Thurgood. United States. Gregg v. Georgia, 428 U.S. 153. , 1976. Web. 1 Mar 2011.
Radelet, Michael L., and Ronald L. Akers. "Deterrence And The Death Penalty: the Views Of The Experts[*]." Journal of Criminal Law & Criminology 87.1 (1996): 1. Academic Search Premier. EBSCO. Web. 28 Feb. 2011.
Radelet, Michael L., and Traci L. Lacock. "Do Executions Lower Homicide Rates?: The Views of Leading Criminologists." Journal of Criminal Law & Criminology 99.2 (2009): 489-508. Academic Search Premier. EBSCO. Web. 28 Feb. 2011.
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