Capital Punishment Controversy: Banning The Death Penalty

The death penalty is currently legal in thirty one states, including Ohio. Conversely, nineteen states have banned the death penalty. What makes capital punishment so controversial? The problem lies within the Eighth Amendment. Capital punishment alone is not a direct violation of the Eighth Amendment; however, how the execution is carried out may create further issues that infringe upon the Eighth Amendment, therefore sparking controversy and confusion.
In 2015, there were 2,959 inmates on death row. However, there were only 28 legal executions performed that year, all by lethal injection. The debate surrounding capital punishment is whether or not it is a violation of the Eighth Amendment. The Eighth Amendment states, “excessive bail shall
not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Opponents of capital punishment say it has no deterrent effect on crime, wrongly gives governments the power to take human life, and perpetuates social injustices by disproportionately targeting people of color and people who cannot afford good attorneys. One must remember that whoever is ruled the death penalty did not do a minuscule crime, those criminals committed horrendous acts. The death penalty in the United States is used almost exclusively for capital crimes such as genocide, espionage, and treason as well as numerous forms of murder. If the judge rules a murderer to the death penalty, should that be considered “cruel or unusual punishment” or excessive measures? Absolutely not. The death penalty is an important tool for preserving law and order, deters crime, and costs less than life imprisonment.
Proponents argue that retribution or "an eye for an eye" honors the victim, helps console grieving families, and ensures that the perpetrators of heinous crimes never have an opportunity to cause future tragedy. Most murders are brutal and the victims suffer long, painful deaths. However, legal executions are supposed to be painless. A legislature may prescribe the manner of execution, but the manner may not inflict unnecessary or wanton pain upon the criminal. Courts apply an "objectively intolerable" test when determining if the method of execution violates the Eighth Amendment's ban on cruel and unusual punishments. The most common way of performing a legal execution is done by lethal injection. Typically, it takes around ten minutes for the inmate to die after the drug is injected. As for pain, the injection contains sodium thiopental. Sodium thiopental was chosen to render the person deeply unconscious and unable to feel the paralysis brought on by the pancuronium bromide, which causes the person to lose the ability to breathe, therefore feeling little pain.
The Supreme Court has ruled that the death penalty is not a violation of the Eighth Amendment's ban on cruel and unusual punishment, but the Eighth Amendment does shape certain procedural aspects regarding when a jury may use the death penalty and how it must be carried out. There have been countless Supreme Court cases involving capital punishment. In the case Furman v. Georgia (1972), the Court invalidated existing death penalty laws because they constituted cruel and unusual punishment in violation of the Eighth Amendment. Proving that the Court does in fact seriously consider how the penalty is executed. The Court reasoned that the laws resulted in a disproportionate application of the death penalty, specifically discriminating against the poor and minorities. The Court also reasoned that the existing laws terminated life in exchange for marginal contributions to society.
In the case Baze v.
Rees (2008), Two Kentucky inmates challenged the state's four-drug lethal injection protocol. The lethal injection method calls for the administration of four drugs: Valium, which relaxes the convict, Sodium Pentathol, which knocks the convict unconscious, Pavulon, which stops his breathing, and potassium chloride, which essentially puts the convict into cardiac arrest and ultimately causes death. The Kentucky Supreme Court held that the death penalty system did not amount to unconstitutional cruel and unusual punishment. This case resolved a controversial issue in light of recent evidence that a lethal injection's three-drug combination fails to alleviate pain and prevents the criminal from signaling such pain because of paralysis inducement. In a 7-2 decision with four concurrences and a dissent, the Court held that Kentucky's lethal injection scheme did not violate the Eighth Amendment. Noting that the inmates had conceded the "humane nature" of the procedure when performed correctly, the divided Court inmates had failed to prove that incorrect administration of the drugs would amount to cruel and unusual punishment. However, the Court also suggested that a state may violate the ban on cruel and unusual punishment if it continues to use a method without sufficient justification in the face of superior alternative
procedures. All things considered, capital punishment does not violate the Eighth Amendment. Like any other substantial issue, every person has a different view. Ultimately, as a country, we need the death penalty. In some cases, there is simply a need for criminals to be legally executed. Whether one agrees with the death penalty or not, it is necessary to create a functioning and secure society.