Don't you think that putting people to death is brutal? Wouldn't you rather have them stay in prison for the rest of their lives? In fact, it costs far more to execute a person then to keep him or her in prison for life. The EighthAmendment states that it prevents cruel and unusual punishment, and the death penalty is violating it. The Supreme Court case, McCleskey v. Kemp (1987) violates the Eighth Amendment purpose. Therefore, the death penalty clearly defies the Eighth Amendment and shouldn't be used for people who have convicted murder.
It is true that, capital punishment is properly reserved for the worst of the worst.
For example, Ted Bundy and terrorists like Oklahoma City bomber, Timothy McVeigh who have committed serious crimes. Furthermore, during the first decade of the 21st century there were 26 percent more executions in the U.S. than in the 20th century. For instance, during the same time period, the U.S. murder rate decreased by 24 percent (Marquis, 22). However, how would you know if someone was innocent or not? What if they had been framed by the actual killer? That’s why it would take a long and complex process to find out whether that person had not committed such crime. Therefore, innocent people could be put to death for doing no such crimes.
The courts have declared that if a sentence is inhuman, outrageous, or shocking to society, it would be considered cruel and unusual. For example, cutting body parts off, breaking on the wheel, crucifixion, and so on. The Founding Fathers intention for the Eighth Amendment was to give the government into the hands of people and take it away from arbitrary rulers and judges, who might expose any amount of excessive bail or cruel and unusual punishment that they wished....
... middle of paper ...
... Court case McClesky v. Kemp not only violated the Eighth, but also violated the 14th Amendment. If McClesky had shot a black police officer, then he wouldn't have had to be sentenced to death. That being the case, The U.S. shouldn't continue to apply the death penalty because two thirds of the world's countries, including all of Europe have abolished the death penalty policy.
Works Cited
Marquis, Joshua. “Should the Death Penalty Be Abolished?” The New York Times Upfront, 07, Oct. 2013 :22
McClesky vs. Kemp, United States. (1987)
“The Death Penalty.” The Death Penalty.N.p., N.d,. 04 Feb 2013
Tierney, Diann Rust. “Should the Death Penalty Be Abolished?” The New York Times Upfront, 07, Oct. 2013 :22
United States. Amendment 14.
"8th Amendment." Revolutionary War and Beyond. N.p., n.d. http://www.revolutionary-war-and-beyond.com/8th-amendment.html. 04 Feb. 2014.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. This amendment is the 8th bill of rights in the constitution of the United States of America. The death penalty is a direct violation of the constitution of the United States, and should be deemed unlawful by the Supreme Court. Although the death penalty shows justice at avenging the death of the innocent, it is not cost effective by being ten times more expensive than a criminal spending life in prison, and it violates the 8th amendment in the Constitution of the United States which is the supreme law of the land.
The Eighth Amendment states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The Eighth Amendment has two specific “elements” which define an individual’s actual rights retaining to the Eighth Amendment. The first “element,” “excessive bail shall not be required, nor excessive fines imposed” states that fines or bail should not be overly unobtainable or imposed on an individual. The second “element” of the Eighth Amendment, “cruel and unusual punishments inflicted,” states that cruel or unusual punishment will not be inflicted.
...n some peoples’ opinions’ that would be a horrible idea, but I think that if someone was to make people suffer and put them through absolute misery, they should not be let off the hook very easily. So instead of the Eighth Amendment being “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” (Legal Dictionary), it should be “as “Excessive bail or fines should not be imposed unless it fits the crime committed, cruel and unusual punishment should also not be imposed unless the need was to arise where the crime was extreme enough for all the jury members should agree on a cruel or unusual punishment.”.
The “cruel and unusual” clause in the eighth amendment states that “cruel and unusual punishment” such as torture or lingering death can not be inflicted on anyone as a form of execution. It is however permissible under the 8th Amendment to execute a convict by means of hanging, shooting, electrocution, and lethal gas.
A significant aspect of the eighth amendment to the United States Constitution is that the infliction of cruel and unusual punishments is prohibited. However, interpretations of the definition of what a cruel and unusual punishment consists of have become extremely ambiguous. For example, many argue that the death penalty is unconstitutional because it is cruel to take another person’s life willingly; however, others argue that it is acceptable if it is done in a controlled and humane manner. Over the course of the United States history, punishments have ranged from public whippings
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.
The eighth amendment states that no person shall be submitted to cruel and unusual punishment. The question is whether or not this right is under attack from those who support the death penalty. When the bill of rights was created it was intended to stop judges from unruly, and unreasonable punishments of people who committed certain crimes. However in the day and age we live in now, the supreme court has placed provisions and rules on the use of the death penalty, and with its support it is threatening the idea of the eighth amendment, and those who oppose it.
The death penalty debate in the United States is dominated by the fraudulent voice of the anti-death penalty movement. The culture of lies and deceit so dominates that movement that many of the falsehoods are now wrongly accepted as fact, by both advocates and opponents of capital punishment. (Sharp) Opponents of capital punishment are extremely outspoken and vehement in their arguments. The American Civil Liberties Union believes the death penalty violates the constitutional ban against cruel and unusual punishment. However, the death penalty is not cruel and unusual punishment, the authors of the United States Constitution’s Eighth Amendment related “cruel and unusual” punishment to methods used in ages past. The Eighth Amendment was created to outlaw such practices as bur...
“The case Against the Death Penalty.” aclu.org. American Civil Liberties Union, 2012. Web. 12 Feb. 2013
Harrison, Brigid C. “Death to Capital Punishment.” The New York Times, Late Edition. New York, New York: Dec. 2, 2007. Print.
The death penalty is always going to be a “hot topic” in today’s society. The Eighth Amendment guarantees a criminal’s rights against cruel and unusual punishment. The Eighth amendment was adopted in 1791, when beheading, burning at the stake and crucifixion was just a few of the ways to execute a criminal.
The Eighth Amendment interpretation has changed over time because of a criminal’s mental health, non-homicidal crimes, and the execution of minors. To emphasize, Justice John Paul Stevens proclaimed that “in a 6 - 3 opinion, the Court held that executions of mentally retarded criminals are ‘cruel and unusual punishments’ prohibited by the Eighth Amendment” (Atkins v. Virginia.). As a result, the United States of America doesn’t execute mentally ill criminals, anymore, because people found out that there is something wrong with their brain and that they do not have a self conscious. Furthermore, majority of the Supreme Court agreed with Justice Anthony M. Kennedy [in a 6 - 3 decision] and concluded that “the Eighth Amendment's Cruel and Unusual
...ve enactments and state practice with respect to executions.” However in determining whether the death penalty is disproportionate to the crime also depends on the standards elaborated by controlling precedents and on the Court’s own understanding and interpretation of the Eighth Amendment ’s text, history, meaning, and purpose.
Rubin, P. H. (2009). Don't scrap the death penalty. Criminology & Public Policy, 8(4), 853-859.
Costanzo, Mark. Just Revenge: Costs and Consequences of the Death Penalty. New York: St. Martin's, 2001. Print.