BCOM/275
The death penalty is an issue that has continually created conflict in today’s society. Many people arguing whether or not the death penalty should exist. Who’s to say whether the death penalty is a form of justice and therefore a valid and appropriate punishment or whether it is a “cruel and unusual” form of punishment.
“The Arizona Supreme Court threw out the death sentences for a Tucson man who bludgeoned his girlfriend and her two children to death in 1984 after lying in wait for each of them, ruling that the murders weren’t especially heinous even though they were “atrocious” and “senseless”.” (Associated Press 2012) That statement gives the illusion to potential criminals that as long as their crime “isn’t especially heinous” they may also be able to get away without a death sentence. It also brings up the issue of what murder is not heinous. Any taking of someone else’s life is a heinous act, is it not? The death penalty may not affect the rate of murder, but it should be an applicable punishment in certain cases to establish justice.
The US Constitution in its 8th Amendment protects Americans from "cruel and unusual" punishments. Since then, the continuous existence of the death penalty has been a major debate. Can the death penalty constitute as a "cruel and unusual" punishment? The answer to that question was provided by The US Supreme Court, who instated the moratorium in 1967 while they were debating whether or not the death penalty was constitutional. In 1972, the Supreme Court ruled that the death penalty did indeed violate the 8th Amendment, but mostly on the grounds that the death penalty was not applied fairly. However, the court could not prohibit the death penalty because it is the fundamental right. The fundamental right has been embroider into society over the course of history, and cannot be separated from society. Therefore, the death penalty has continued to be used