Is the imposition of the death sentence prohibited under the Eighth and Fourteenth Amendments as "cruel and unusual" punishment?…
Cruel and unsual punshiment is the eighth Amendment to the Counstitution of the United States. Anyone that has convicted of a crime have the right to be free of Curel and unsual during the time of jail or even prison. The eighth Amendment is almost the same as part of the 1689 English Bill of Rights. The amendment was written in because of a man named Titus Oastes lied and hurt many innocent people because of it. James Madison also know as “Father of the Constitution” wrote this amendment in 1789 the amendment was ratified on December 15, 1791.…
The eighth amendment of the Constitution clearly states that individuals will not have cruel or unusual punishment inflicted on them (U.S. Constitution). However, today many of those opposed consider capital punishment to be the cruelest form of punishment. Unfortunately, for it to be unconstitutional it would need to be cruel and also unusual. The founders, undoubtedly, did not consider capital punishment unusual as it was commonplace in the day for crimes of treason and murder. When given as a sentence in regard to vicious crime, capital punishment is a guarantee that the criminal will not escape and again commit these acts.…
The death penalty violates the eight Amendment of the United States Constitution that forbids cruel and unusual punishment. John M. Sheb and John M. Sheb II wrote in their book Criminal Law and Procedure that the eight amendment of the United States Constitution has been employed to limit the definition of crime. The authors mentioned the case of Robinson v. California where the Supreme Court, relying on the cruel and unusual punishment clause, found it unacceptable the state law that made crime the use of narcotics. The law was struck down because the Court determined that one couldn’t be punished merely for status without committing a criminal act (Sheb, 70-71). The Death penalty practices serve to be inconsistent with the fundamental laws and values in America’s democratic system.…
A young man is caught stealing food for his family. He is thrown in a jail which resembles a dungeon. It is cold in his cell and the walls are damp and smell of urine and feces. There is a bucket in the corner used for defecation. A pile of hay sits in the corner; this is the only comfort which is used for sleeping. Rats run around the cells chewing on his toes and fingers while he sleeps. The only light that he sees is from the torches placed around his cell. He is fed sparse and putrid meals once a day. Finally he goes to trial and is found guilty. His punishment is to have his hands removed from his body.…
“Everybody believes that capital punishment is wrong, but when they look at certain cases, they are quick to say, “Put them to death”, or “scream capital punishment.”” Jeff Lindsay. Capital punishment is the legally authorized killing of someone as a punishment for a crime. It has been around since time itself. In the 1700’s, The Code of Hammurabi was the first known written document there were twenty-five crimes that were punishable by death such as adultery, and helping slaves escape. Only the most heinous of those warranted such a stringent sentence. And while there are many methods that may take a prisoner's life, there are also alternatives. One must ask though, “Do those options do justice to the unspeakable acts these criminals have…
Hundreds of Americans are wrongfully sent to death row. This means that hundreds of people die innocently. Killing people for killing others is wrong in any situation. Though some people say when murder is punished with death, less people will commit the crime, murdering is uncivil, especially when the person is wrongfully accused.…
Prison experiences are shared by those who spent much time behind the bars and most of the experiences shared exemplify how cruel the prison system really was showing that no rehabilitation was occurring due to an excess in punishment. The Los Angeles Times published an article, “Cruel and Usual Punishment in Jails and Prisons,” in which ex-prisoners were interviewed and shared stories of their time in prison, many of which showed how corrupt prisons have truly become. The stories described prisons as appalling and cruel, one prisoner describe being handcuffed every day to his bunk while he had to remain only in his underwear, another prisoner described how it was to live in a cell located directly under broken toilet pipes for weeks resulting…
For these reasons, and many others, the Supreme Court should rule all capital punishment as cruel and unusual punishment. It is not humane to torture and kill criminals. It is not helpful to the country in any way. And most importantly, it puts innocent lives at stake. If you support the death penalty, think about this: is it really worth killing innocent people, just to kill criminals as well? Doesn’t that make us, and the entire justice system, just as bad as the criminals? I do not think it is worth the…
Cruel and unusual punishment is when the punishment is improper due to the severe pain, suffering and humiliation it inflicts on the individual. “Under the Eighth Amendment to the U.S. Constitution, individuals convicted of a crime have the right to be free of cruel and unusual punishment while in jail or prison” (Cruel and Unusual, 2017).…
The United States Constitution allows for some form of capital Punishment. Under the eighth Amendment no person shall and ever will be deprived of life without due process of the law. Over the past few centuries the words cruel and unusual punishment have changed. When legislators created the Eighth Amendment, they did this for no criminal to be treated as wrong as they treated their victim. The United States Constitution allows us to interpret that a man can be executed, but in the most humane possible. According to the article “ The Death Penalty Does Not Violate The U.S Constitution.” It says “The US Constitution specifically allows for the death penalty to be imposed as a criminal sanction, and democratically elected legislatures—not court…
When inmates enter the institution, they are thoroughly searched and their clothes and personal effects are taken from them. They are told that they may not cause trouble and no political speeches will be allowed. They may write one letter each week and attend church only on Sunday. If they violate any rules, they will immediately be put in solitary confinement without any food for 24 hours. Because of the high inmate population, there are four inmates to each of the cells, which were designed and built for one. Two inmates must sleep directly on the concrete floor. Inmates who get seriously ill have no access to medical care.…
The Supreme Court ruled that the death penalty is not a violation of the Eight Amendment’s ban on cruel and unusual punishment. The death penalty is when a convicted criminal is put to death by the court. The execution method may not inflict unnecessary pain on the criminal. The criminal sentenced to death can wait several years or sometimes decades on death row before being executed.…
Capital punishment is the death penalty. Capital punishment is the most extreme of all sentencing options (Schmalleger, 2011). Capital punishment is sentenced when someone comments a capital offense. In 2008, for example, a twenty eight year old man was sentenced to death in the atrocious murder of a ten year old girl in what authorities said was an elaborate plan to cannibalize the girls flesh (Schmalleger, 2011). Today, the federal government and 35 of the 50 states permit execution for first degree murder, kidnapping, aggravated rape, the murder of a police or corrections officer, or murder while under a life sentence (Schmalleger, 2011).…
The death penalty has been a criminal sentence imposed in America for hundreds of years, but it have been extremely controversial as Evan Mandery illustrates in “A Wild Justice: The Death and Resurrection of Capital Punishment in America.” Today, the death sentence is strictly used in murder cases and in thirty-two out of the fifty states in America. In these states, it is completely legal to use the ultimate punishment of death to incapacitate a criminal from committing any further harm to society. Throughout American history, many individuals have supported the death penalty because they believe it is an effective way to deter crime and is a form of retribution. Others have strongly advocated against capital punishment because it is not morally correct and it not applied fairly. Also, some argue that it is unconstitutional to use the death penalty because it violates the cruel and unusual punishment provision of the Eight Amendment written in the United States Constitution.…