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American liberty and freedom
My definition of freedom is
What it means to have freedom
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The definition of freedom is without slavery, the state of being free rather than being enslaved and under physical restraint. The definition of justice is righteousness, equitableness, or moral rightness and finally, Liberty is another word for independence. When it comes to the death penalty, people are killed every day and or put on death row because of a crime that they committed. To many the death penalty sounds cruel and heartless and to others people feel that it is better to kill a mass murderer for example then to keep them in prison for life. Therefore, how Americans define freedom, liberty and justice the death penalty is unjust.
The purpose of the death penalty is to spare future victims of murder by carrying out the threat of execution upon convicted murderers. The death penalty punishes them not for what they may or may not do in the future but what they have already done. It's unclear that the murderer has the same right to live as their victim. Thomas Geraghty states “opinion polls report that more than 70% of Americans do not favor the death penalty for murder.
“The death penalty is challenged as a violation of the Eighth Amendment. According Amendment V in the United States Bill of Rights, “No person shall be deprived of life, liberty, or property, without due process of law.” Even with this amendment in place many people question the constitutionality of capital punishment because of Amendment VIII which states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” (James S). People believe that the death penalty is too inhumane and goes against the constitution.
Another big fact is that no man should have the power to decide when and how a man’...
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...ing. The Eight Amendment says" Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. We all live in a society with same basic rights and guarantees. We have the right to life, liberty, and the pursuit of happiness with equal opportunities. With the death penalty, some people never get the chance to obtain that.
Works Cited
Bole, William "A Slow Death." Commonweal 136.12 (2009): 7-8. Academic Search Premier. EBSCO. Web. 8 Nov. 2009.
Geraghty, Thomas F. "Trying to Understand America’s Death Penalty System and Why We Still Have it." Journal of Criminal Law & Criminology 94.1 (2003): 209-237. Academic Search Premier. EBSCO. Web. 5 Nov. 2009.
LaFranchi, Howard "Europeans press the US to end the death penalty." Christian Science Monitor 10 Oct. 2009: 2. Academic Search Premier. EBSCO. Web. 8 Nov. 2009.
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.
Randa, Laura E. “Society’s Final Solution: A History and Discussion of the Death Penalty.” (1997). Rpt.in History of the Death Penalty. Ed. Michael H. Reggio. University Press of America, Inc., 1997. 1-6 Print.
Koch, Larry Wayne, John F Galliher, and Colin Wark, The Death of the American Death Penalty : States Still Leading the Way. Boston: Northeastern University Press, 2012, Ebscohost Ebook.
Bowers, W, Pierce, G., and McDevitt, J.(1984), Legal Homicide: Death as Punishment in America, 1964-1982, 333
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....
"Capital punishment is a term which indicates muddled thinking." George Bernard Shaw The "muddled thinking" that Shaw speaks of is the thinking that perpetuates the controversy over capital punishment in the United States today. The impractical concurrence of a theoretical, moral argument and definite, legal application has left all sides in this controversy dissatisfied with the ultimate handling of the issue. There are legitimate ethical and empirical considerations that stand on both the side that favors and on the side that opposes the death penalty. The general incompatibility of these considerations renders them irreconcilable. It is within this condition of irreconcilability that the government must initiate and implement its policies regarding capital punishment. This fixed condition has led to the necessity for and creation of comprises between both sites of this debate, attempting to synthesize the considerations of the two. The contentious issue of the capital punishment was rekindled in the 1970s when, in 1976, the Supreme reinstated the practice after a four-year hiatus. The arguments that comprise much of the legal debate on the issue stem from the eighth and fourteenth amendments to the United States Constitution. The eighth reads, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." 1
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.
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.
...ed United States. U.S. Government Accounting Office. Capital Punishment. Washington: GPO, 1994 Cheatwood, Derral and Keith Harries. The Geography of Execution: The Capital Punishment Quagmire in America. Rowman, 1996 NAACP Legal Defense Fund . Death Row. New York: Hein, 1996 "Ex-Death Row Inmate Cleared of Charges." USA Today 11 Mar. 1999: 2A "Fatal Flaws: Innocence and the Death Penalty." Amnesty International. 10 Oct. 1999 23 Oct. 1999 Gest, Ted. "House Without a Blue Print." US News and World Report 8 Jul. 1996: 41 Stevens, Michelle. "Unfairness in Life and Death." Chicago Sun-Times 7 Feb. 1999: 23A American Bar Association. The Task Ahead: Reconciling Justice with Politics. 1997 United States. Federal Bureau of Investigation. Uniform Crime Report. Washington: GPO, 1994 Wickham, DeWayne. "Call for a Death Penalty Moratorium." USA Today 8 Feb. 1999: 17A ILKMURPHY
“The case Against the Death Penalty.” aclu.org. American Civil Liberties Union, 2012. Web. 12 Feb. 2013
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.
Smith, Sharon. “Capital Punishment in the United States”. Close Up Foundation. 1999. 14 Nov. 2002
The article “Death Penalty Information Center” you can find it at https://goo.gl/HqQily, states “The death penalty is sought cost $1.26 million and taxpayers pay $90.000 more per year for each prisoner.” The book “History Alive! The Unity States” (Hart, 2010) ISBN: 978-1-58371-931-2 (page 611) claims the Eighth Amendment states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The Eighth Amendment supports my thesis because it is saying that cruel and unusual punishments should not be required. I oppose the death penalty because it is costly and it is immoral to humans.
... capital punishment is unconstitutional and inhumane, given that the 8th Amendment can interfere with the ruling of every case. The 8th amendment is one extremely important factor in most criminal cases, besides the evidence and witnesses. As has been mentioned, there are numerous reasons why the death penalty should be taken away. It is very costly, and the money that is spent can be used for problems that take place in today’s society. The judicial system has many things to work on as far as getting appropriate evidence and making sure they don’t put an innocent man on death row. By taking away capital punishment, people sentenced to life without out parole will actually understand that committing a crime does not send anyone to a blissful place. Who wants to sit in slumber for the rest of his life? Let’s take a stand and eliminate Capital Punishment as an option.