Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Cruel and unusual punishment capital punishment
A timeline documenting the evolution of punishment
Cruel and unusual punishment capital punishment
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Cruel and unusual punishment capital punishment
Is it okay to give someone ten years in prison for stealing an outfit they thought was cute? Is it okay for a police officer to beat someone just because they are not in favor of their race? Cruel and unusual punishment has been a part of society since the government began and still exists today. People everywhere are being unfairly punished and this is unconstitutional according the the Eighth Amendment. Many authors have portrayed this unfairness in novels such as Sue Monk Kidd’s Secret Life of Bees. Throughout history cruel and unusual punishment has been a widely discussed topic and is evident in Sue Monk Kidd’s Secret Life of Bees through the struggles of characters in the book.
Cruel and unusual punishment has been seen throughout history and has been shaped and molded ever since the constitution we have today was ratified. Being apart of the Eighth Amendment the cruel and unusual punishment clause can have many interpretations when it comes to what is considered “cruel and unusual”. Kenneth Jost explains in his article by CQ Researcher called “Sentencing Debates”, “1960’s-1970’s: Calls for sentencing reform: Liberals seek to reduce disparities; conservatives want to provide certainty, check ‘leniency’ by judges, parole boards” (Jost). The author discusses how in the early 1960’s people were trying to limit the rights of a judge's ability to sentence someone unfairly by invoking a sentence reform. This sentence reform would then be a basis for which all judges would use to sentence someone who is said to be guilty for a crime. In 1988 new laws were set that went along with the cruel and unusual punishment clause of the Eighth Amendment. In the subarticle “Are the federal guidelines unconstitutional?” Jost explains, “ Supre...
... middle of paper ...
...e still today are debating this and will continue to argue their case for a long time. There are many good literature examples that express cruel and unusual punishment and they make things much easier to understand it and how the natural basis is set. In the near future people need to discover a more concrete way to decide what is cruel and unusual and what is not.
Works Cited
Jost, Kenneth. "Sentencing Debates." CQ Researcher 5 Nov. 2004: 925-48. Web. 11 May
2014.
Kidd, Sue Monk. The Secret Life of Bees. New York, New York: Penguin, 2002. Print.
Kozak, Ellen M. "The Eighth Amendment." The Everything U.S. Constitution Book: An
Easy-to-understand Explanation of the Foundation of American Government. Avon, MA: Adams Media, 2011. 161-62. Print.
"Protection from Cruel and Unusual Punishment." National Paralegal. National Paralegal
College, 2003. Web. 11 May 2014.
In the United States, a citizen has rights granted to them under documents such as the Constitution, including the Bill of Rights, which gives citizens certain freedoms as long as they obey the law. When someone commits a crime, they are then entitled to aspects such as a speedy trial, a fair jury, an attorney if they wish, and other things, under the sixth amendment. Even if the person is found guilty, as a U.S. citizen they have rights under the eighth amendment which include protection against excessive bail or fines, and cruel and unusual punishment. Since the framers enacted the amendment, the exact definition of cruel and unusual punishment has been difficult to pin down, changing with the times and everyone’s interpretations. Pete Earley’s novel, The Hot House: Life Inside Leavenworth Prison, depicts the conditions in the United States’ toughest prison, where some prisoner recounts, as well as Earley’s
In life, actions and events that occur can sometimes have a greater meaning than originally thought. This is especially apparent in The Secret Life Of Bees, as Sue Monk Kidd symbolically uses objects like bees, hives, honey, and other beekeeping means to present new ideas about gender roles and social/community structures. This is done in Lily’s training to become a beekeeper, through August explaining how the hive operates with a queen, and through the experience Lily endures when the bees congregate around her.
People share their secret lives without even talking about them. It only takes a glance or feeling to see that others have faced similar situations and problems, some people even live parallel lives. Despite the fact that many people believe it impossible for a measly insect, like a bee, to know the pain hardships a human faces, Sue Monk Kidd proves them wrong with her book The Secret Life of Bees. In her novel she derives many of her characters from the types of bees that exist in a hive. Lily and Zach have characteristic that are akin to that of field bees, August has that nurturing personality of a nurse bee, and the Lady of Chains is revered by her subjects just like a Queen bee is by her hive. Nowadays, no one ever faces a problem that someone, or something, has already faced. No one really has a secret life all to themselves.
O’Connor, K., Sabato, L. J., Yanus, A. B, Gibson, Jr., L. T., & Robinson, C. (2011). American Government: Roots and Reform 2011 Texas Edition. United States: Pearson Education, Inc.
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.
Weems v. United States (1910) set a judicial precedent for showing that punishment must be proportionate to the crime committed and allowed courts to decide what is “cruel and unusual”. Lower courts allowed the VIS and that use sometimes came under question. Thus the case was sent to the U.S. Supreme Court to review. In Booth v. Maryland (1987) and Gathers v. South Carolina (1989) the U.S. Supreme Court ruled that VIS could potentially lead to harsher sentences and yet upon further review reconsider their stance on VIS and overturn their decisions and concluded that the Eight Amendment was not violated by victim Impact statements on the ground that such statements did not lead to cruel and unusual punish...
Zaleski, Jeff. “Review of The Secret Life of Bees.” Publishers Weekly 12 Nov. 2001: 33. Rpt. in Contemporary Literary Criticism. Detroit: Gale, 2009. N. pag. Literature Resource Center. Web. 9 Apr. 2014. .
In his essay, Continuing the Search for Kinder Executions, published in The New York Times2003, Mark Essig gradually reveals his opinions on the brutality of capital punishment. Even though prisoners may have committed acts that can be classified as wrong with the law, Essig believes that they should not endure any sufferance during capital punishment because it is inhumane. This action does not mean they will be able to get away with the crimes; they should just not be able to be brutally punished. While the author acknowledges logical arguments that favor capital punishment, he counters with carefully worded emotionally laded examples that oppose the practice of executing felons because he is against cruel punishments.
to kill another human being who breaks the law? Why don't we just use life
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.
Capital punishment remains a cause for debate with people continuing to disagree. on what cruel and unusual punishment consists of. Cruel and unusual punishment being defined as torture or a deliberately degrading punishment, in no way does the death. penalty falls into this category. Having the death penalty in our society deters potential violent offenders from committing crimes, saves the government money, and guarantees that offenders will not commit these crimes again.
The eighth amendment protects Americans from the infliction of cruel and unusual punishment. Many death penalty opponents use this as the backbone to their argument against capital punishment. Other than being cruel, I do not think that the death penalty can be used judiciously in the United States or any other part of the world. Personally, I do not think that human beings are perfect and as such they cannot set up a perfect justice system. In any justice system that is flawed and allows bias in certain cases, the death penalty should not be used as a means of punishment because of its irrevocable nature. When I came across Sarah Hawkins’ article regarding the case of Karla Faye Tucker, I was surprised to see the manifestation of my fears of the biases involved in the use of the death penalty in the case of this woman. Hawkins described how the representations of Tucker as a white, heterosexual Christian woman worked in her favor in the criminal justice system, and how media representations perpetuated the argument for her release from death row. Hawkins made very valid and convincing arguments that representations of “womanhood” that are expected in American culture can make a large difference in how we perceive criminals, and in certain cases these representations can be a matter of life or death.
During those years, the Supreme Court ruled that capital punishment violated the Eight Amendment’s ban on cruel and unusual punishment. However, this ended in 1976, when the Supreme Court reversed the ruling. They stated that the punishment of sentencing one to death does not perpetually infringe the Constitution. Richard Nixon said, “Contrary to the views of some social theorists, I am convinced that the death penalty can be an effective deterrent against specific crimes. ”1 Whether the case be morally, monetarily, or just pure disagreement, citizens have argued the benefits of capital punishment.
Capital punishment is a method of retributive punishment as old as civilization itself. Both the Greeks and the Romans invoked the death penalty for a wide variety of offenses. Socrates and Jesus were perhaps the most famous people ever condemned for a capital crime in the ancient period. Hammurabi's Code, a code of laws developed by the king of one of the first empires, dates back from the third or second millennium before Christ. This code claims that retribution, an eye for an eye and a life for a life, is justice. In Anglo-American law the death penalty has been a customary response to certain kinds of offenses. The movement in America to have the death penalty declared unconstitutional received paramount attention during the landmark case of 'Furman v. Georgia,' rendered on June 29, 1972, which declared the death penalty cruel and unusual punishment. No executions took place between 1967 and 1977 (Bedau, 1992). However, after a supreme court decision in 1975 'Gregg v. Georgia', which stated capital punishment did not violate the Eighth Amendment, executions commenced again under state supervision. Should capital punishment be continued? Retribution is a ju...
Winfree, R. . The conservation and restoration of wild bees. Annuals of the New York Academy of Sciences. Volume 1195, 3 May 2010, Pages 169 – 197.