The eighth amendment to the United States Constitution states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (US Const. amend. IIX.).” The wording of this amendment has raised the question on what constitutes cruel and unusual punishment. This ambiguity of this section constitution has caused the hot debate, whether or not capital punishment is constitutional or not. The use of capital punishment harms the innocent, wastes money, and is unconstitutional. First in foremost, the use of capital punishment harms the innocent. Ignoring the obvious for a second on this topic, executing the innocent, the death penalty affects everyone involved. Take for example the case Semon Thompson, …show more content…
In addition to the wardens and penal system administrators, the death penalty has effects on the families of the victims. Maryland Judge Joseph P. Manck points out that the appeals lengthy process that comes attached to the sentence (afterall it is a matter of life and death) can cause families to sit through year of retrials for the appeals process. The judge recounts one case taking twenty-five years- and still continuing- for the appeals process (McCaffrey). Now onto the obvious, the capital punishment has sent innocent people to death row and even to the chambers. One hundred fifty-six people on death row have been exonerated since 1973 (“Facts About the Death Penalty”). That means the sanctity of life could have been taken from these people, even though they were innocent. However, it is safe to assume that not all innocent people have been released from death row and were sent to the chambers. Due to the fact that states will spend more time on appeals for people still alive, states will rarely spend time going back to prove the innocence of the dead and thus we do not know how many people have been sent to the gallows. In addition to all of this, from 1973 to 2005 six states have condemned thirteen juveniles to die before their lives have begun (“Execution Database”). The use of capital punishment has has harmed the …show more content…
have laws for capital punishment. However, upon review of these punishments it is easy to see why they should be unconstitutional. These punishments harm the innocent, waste money, and are simply barbaric. When executioners can perform state sanctioned executions without batting an eye there is a problem. Executions simply do not work and cause unnecessary agony. Instead of punishments states should try to focus on
Since 2012, the use of lethal injection has been legal in 31 states, to contaminate a convict. 1,423 people innocent and guilty have died from the death penalty since 1972. I strongly believe that the death penalty is unconstitutional being that it violates the Eighth Amendment, irreversible, and executes a large amount of hypocrisy.
The Eighth Amendment to the U.S. Constitution limits the punishments that may be imposed by the government on American citizens. These limits are compulsory among the states by way of the Fourteenth Amendment. The English Bill of Rights of 1689 expressed concern with arbitrary and disproportionate sanctions, giving way to the Founders inclusion of the prohibition against cruel and unusual punishment. To explore the Eighth Amendment it is important to consider constitutionally accepted punishments, the ever-evolving practice of capital punishment, and eighth amendment protection inside prison walls.
Thousands of people will attack the death penalty. They will give emotional speeches about the one innocent man or woman who might accidentally get an execution sentence. However, all of these people are forgetting one crucial element. They are forgetting the thousands of victims who die every year by the hands of heartless murderers. There are more murderers out there than people who are wrongly convicted, and that is what we must remember.
Cruel and unusual? This is one of the main questions debated when dealing with capital punishment. Capital punishment, or the death penalty, has been used for centuries as a means to discipline those who have committed heinous crimes. As time has progressed, so have the methods of executions including hanging, firing squads, electric chair, lethal gas, and lethal injection. The question that continues to arise surrounds the idea that these methods are being perceived more and more as cruel and unusual. Capital punishment is cruel and unusual, costly, does not deter crime rates and should be ruled unconstitutional in all states.
Throughout the years, the definition of a fair trial and punishment has changed. In some ways, our Judicial System has gotten better; however, it has also gotten worse in some cases. Our Justice System no longer has a clear understanding of whether or not capital punishment is fair, constitutional, or should be fully utilized. Some people say that the use of capital punishment is unconstitutional, ethically wrong, and extreme. However, others say that Capital punishment would honor the victims and help console grieving families. It would ensure that the perpetrators would never get the chance to commit such horrendous crimes again. It would serve as a deterrent to other people who might commit the same or similar crimes in the future causing less tragedy and heartbreak.
In addition to being racially prejudiced, capital punishment places innocent lives at risk. Recently in Chicago, a black man was released from death row after nearly sixteen years in prison. This man, Anthony Porter, came within two days of receiving a lethal injection, until the courts finally agreed hearing on his mental capacity. Porter was very lucky to receive an excellent attorney who managed to prove that Porter was innocent and led the police to a prisoner in Milwaukee who confessed (Kile). This shows the importance of the appeal process found in the courts, which serve to protect the lives of innocent citizens of the United States of America. A writer for The Christian Century writes, "Porter's case brings to light the very real danger that overzealous prosecutors, sloppy legal work and poor legal defense teams will send people to their deaths for crimes they didn't commit," (Kile). If Porter had an equipped defense attorney from the start, he would never have been to prison and nearly killed. Ryan Cummings of The Economist observed that more crimes are punishable by execution, more states have adopted the death penalty and the appeals process has been shortened. The overall expansion of capital punishment endangers innocent lives. Cumulatively, there is now less time and fewer tools to save innocent men and women
The eighth amendment in the Bill of Rights specifically states that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted (“Eighth Amendment” It can be argued that capital punishment, also known as
Capital punishment is a topic highly debated upon. For years the court systems have been debating whether the criminals deserve this strict punishment or not. However, despite the verdict from the judge, people have still been divided on whether capital punishment does more harm than good. A major subject that comes up is if the government has a justifiable reason for killing convicted people. Some only look at the negative but there are plenty of reasons why this is a positive action. Capital punishment is beneficial because it will have a better long term effect on society, the crime rate would go down, and it would give the victim's family closure.
No matter how heinous the crime may be, condemning someone to death violates the right to life and subjects the inmate to the ultimate form of cruel, inhumane, degrading, and primitive punishment. The right to life is the most basic right; and without it, all of the other rights and freedoms are somewhat meaningless. Even convicted murderers retain certain constitutional rights which include the Eighth Amendment 's protection against cruel and unusual punishment. America’s criminal justice system must abolish the death penalty because each and every method of execution has its
Capital punishment or the death penalty as some people like to call it, is when a criminal is sentenced to death for the actions they have committed. Capital punishment is one of many major social issues. In America and other countries alike; you have people who oppose capital punishment and people who agree with it. I am one of those people that oppose the idea of capital punishment. I oppose this action for many reasons. One being that capital punishment drains millions of dollars from more effective safety precautions (Morgenthau 14). A second, a 1987 study in Stanford Law Review identified 350 cases in this century in which innocent people were wrongly convicted of crimes for which they have received the death penalty; of that number 23 were executed ( Morgenthau 14). Lastly, research has shown that nearly all Death Row inmates suffer from brain damage due to illness or trauma, while a vast number have also experienced histories of severe
Capital punishment, also known as death penalty is a legal procedure in which a state executes a person for crimes he/she has committed. This punishment has been implemented by many states and used for barbaric crimes, especially murder. It is also used on crimes against the state such as treason, crimes against humanity and violent crimes. There are mixed reactions on capital punishment depending on one’s faith. In my view, I am not in favor of capital punishment as I strongly believe that death penalty is unacceptable and an inhumane practice for it denies one’s right to live. Death penalty does not deter crime, it is an act of punishment, it costs more than life imprisonment, and worst of all, risks executions of innocent people. In countries where the death penalty remains, those victims die at the hands of that state but more importantly they are left to die by their own home states (Conall 1).
Although one might think that capital punishment leads to innocent deaths, this is completely false. People against capital punishment constantly claim that there have been numerous cases in which we have executed an innocent man. But the truth is that we do not have any records of ever executing an innocent man. The idea that innocent people can get executed on accident is highly false and inaccurate. Also, it is perceived that capital punishment takes away freedom
The death penalty has been carried out on hundreds of innocent people. This is unacceptable because innocent lives are being gambled and lost. According to The Washington Post, since 1973, 8,466 death penalty cases have been imposed and just under 1,500 of those have actually been carried out. The remaining inmates either committed suicide, died in
The debate over capital punishment has been raging on for countless number of years. Capital punishment has been used for thousands of years due to the physiological fear it inflicts on the people who witness and learn about the death penalty. The use of this punishment has helped to reduce crime and alter the minds of future criminals to deter them against committing heinous crimes such as murder, treason, espionage, terrorism and in some cases aggravated kidnapping. Advocates say it deters crime while abolitionists say it is unconstitutional. It is historically shown that the use of capital punishment is justified. Capital punishment should be upheld due to its constitutionality, morality, and deterrence against heinous acts.
Capital punishment has always been an intense debate in the United States. It’s been questioned whether the death penalty is unconstitutional. It’s being portrayed as “cruel and unusual punishment” which violates The Eight Amendment rights in the United States Constitution. It is cruel in the way it lets people know that if you commit murder than you may be murdered also by the government.