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Capital punishment history
Capital punishment history
Capital punishment history
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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. Now in current times, the lethal injection has been on trial as cruel and unusual punishment. In 2008,the Supreme Court upheld the constitutionality of lethal injection. Clayton Lockett was a convicted murderer of a teenage girl, that he kidnapped, shot and buried alive. He received the death penalty. In 2014, the sentence was carried out, but apparently he did not die painlessly and quickly enough. Apparently, his vein
had blown out and all the drug dosage did not all go in. Lockett groaned and moved around as if he was in pain, and it took him forty-three minutes to die instead of the ten to fifteen minutes. President Obama ordered a full review of the death penalty procedures. Many states halted their death penalty executions because of the cruel and unusual punishemtn that Lockett suffered, until this could be reviewed.. I am thinking so what if he suffered forty-three minutes before he died. What about the victim’s rights, they were violated when she was kidnapped, shot and buried alive. The terror she must have felt when all of this was taking place, and the cruel and unusual punishment that she had to suffer. Now, the states worry that the convicted felon may feel pain when they are being executed, where is the justice in that. Why should they not feel the same type of fear and pain that they put an innocent victim through? Six year old Megan Kanka was raped and murdered by Jesse Timmednequas, he had previous convictions of sexual assault. The state of New Jersey sentenced him to death, but in 2007 New Jersey abolished the death penalty in their state. The death sentences were commuted to life sentences. Why should the murderer get to live when a six year old had to suffer the cruel and unusual punishment before she was killed? Captial punishment should not be taken lightly, the courts, juries and all the appeals are in place to double check all of the facts on the crime, before a death sentence is carried out. The major concern that I have with capital punishment being ceased in states because of violating the Eighth Amendment of the convicted felon, who is protecting the Constitution Rights of the victim. They were guaranteed life, liberty and the pursuit of happiness. The death penalty in states sends the message that certain crimes will not be tolerated and capital punishment is in place for criminals that commit these crimes.
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.
Since 1967, a total of 1392 executions have occurred in the United States ("Executions by Year"). What a shocking amount! This staggering number creates questioning on the topic of capital punishment. Is the death penalty really constitutional? Research and study over the topic leads to the conclusion that capital punishment should not be instituted in the United States for various reasons. The death penalty is immoral, unconstitutional, and inaccurate due to human errors.
... rape or treason was committed ("8th Amendment to the Constitution – U.S. Amendment VIII Summary"). However, there are some cases where the death penalty is unacceptable regardless of the crime. In the Supreme Court case of Roper v Simmons the court decided that the execution of someone for a crime they committed when they were a minor violated the eighth amendment . The court case of Atkins v Virginia established that the death penalty is not an acceptable punishment for mentally ill felons (Lemieux, "The Supreme Court's Empty Eighth Amendment Promise"). The Supreme Court has also ruled that executing anyone under the age of 18 is an act of cruel and unusual punishment ("8th Amendment to the Constitution – U.S. Amendment VIII Summary"). The death penalty is the worst punishment a person could get, and because of that there are many restrictions on when to use it.
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.
It's dark and cold, the fortress-like building has cinderblock walls, and death lurks around the perimeter. A man will die tonight. Under the blue sky, small black birds gather outside the fence that surrounds the building to flaunt their freedom. There is a gothic feel to the scene, as though you have stepped into a horror movie.
The death penalty also known as the capital punishment is used to punish the criminal involving in serious criminal cases. This happens after he or she has been found guilty of a crime by the legal system. This form of punishment is to ensure that the person cannot commit future crimes, and/or as a deterrent to potential criminals. The inmates could choose from the following way of death they are lethal injection, electric chair, gas chamber, firing squad, and hanging. Each of these punishments is inhuman and a violation of the 8th amendment of the Constitution.
The death penalty ?cruel and unusual punishment.? At one time in history around six hundred people were executed, and in those six-hundred eighty of them were innocent but still executed (Thomas 2). Many people say that the death penalty is lawful. They think that if the punishment is carried out by the government and not by one person it is fine, and it is not cruel and unusual punishment (Carmical 2). Yes, the men who constructed the constitution supported the death penalty, but times have changed and so has the constitution. The constitution should abolish the death penalty (Carmical 5).
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.
Early death penalty laws date back to the Eighteenth Century B.C.. The death penalty also had a heavy presence in the Fourteenth Century Hittite Code, the Seventh Century Draconian Code of Athens, and the Fifth Century Roman Law of the Twelve Tablets. (History, 1) Today, thirty-four states in the United States of America still practice the death penalty as a means of punishment for capital offenses and heinous crimes. The death penalty debate is one that Americans are no strangers to; it has been abolished and repealed numerous times throughout our history.
Some even claim that it is cruel and unusual punishment. I would like to shed light on the issue and inform everyone as to why we should keep the death penalty and possibly even use it more than we do now. First of all, it is hard for anyone to argue that we already use the death penalty too much because facts say that we hardly use it at all. Since 1967, there has been one execution for every 1,600 murders. There have been approximately 560,000 murders and 358 executions between 1967 and 1996(UCR and BJS).
Crime is everywhere. Wherever we look, we find criminals and crime. Criminals have become a part of our daily lives. Does this mean we let them be the darkness of our society? No, definitely not. Eliminating crime and criminals is our duty, and we cannot ignore it. Getting the rightly accused to a just punishment is very important. Some criminals commit a crime because they have no other option to survive, but some do it for fun. I do not advocate death penalty for everybody. A person, who stole bread from a grocery store, definitely does not deserve death penalty. However, a serial killer, who kills people for fun or for his personal gain, definitely deserves death penalty. Death penalty should continue in order to eliminate the garbage of our society. Not everybody deserves to die, but some people definitely do. I support death penalty because of several reasons. Firstly, I believe that death penalty serves as a deterrent and helps in reducing crime. Secondly, it is true that death penalty is irreversible, but it is hard to kill a wrongly convicted person due to the several chances given to the convicted to prove his innocence. Thirdly, death penalty assures safety of the society by eliminating these criminals. Finally, I believe in "lex tallionis" - a life for a life.
The death penalty (also known as capital punishment) has been practiced for over hundreds of years. Over the years there has been many different ways of being put to death, from being hung to the electric chair and even being injected with poison. The death penalty is a costly and ineffective way to prevent crimes from happening. The death penalty should not be a ruling in the court of law.