The University of Texas-Pan American Essay #2 Anna Salkinder LSPI July 27, 2015 The death penalty has been a major topic of debate in the United States as well as various parts of the world for numerous years. At this time, there are thirty-one states in which the death penalty is legal. Nineteen states have completely abolished it (“States with and without The Death Penalty”). Since its initial development back in the 1600’s, the death penalty has taken a different course in the way it is utilized. In its early days, the death penalty was greatly used and implemented for several offenses. Generally, the public sought out the stern implementation of the death penalty. But contrary to this, the use of the death penalty, …show more content…
Does the death penalty violate the 8th Amendment? According to the National Constitution Center, the 8th Amendment states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (“Amendment VIII”). There is no objective answer to this, because the courts never clearly stated that the death penalty is cruel and unusual. I do not agree with any part of the death penalty simply because I believe it is cruel in the sense that it strips man of his “right to life” as declared in the Universal Declaration of Human Rights. The death penalty has been significantly changing according to these six cases: Atkins v. Virginia (2002), Roper v. Simmons (2002), Kennedy v. Louisiana (2008), Graham v. Florida (2010), and Miller v. Alabama (2012). These six cases discuss the “evolving standards of decency”. The “evolving standards of decency” state that the implementation of the death penalty is deemed unconstitutional for certain circumstances, defendants, and crimes. When implementing this test, the courts analyze the most prevalent opinions among the different state legislatures, judges, sentencing juries, and the general public in order to determine whether the use of the death penalty is cruel and unusual. In Atkins v. Virginia (2002), the court ruled that the mentally retarded should not be tried for death penalty because they do not bear the proper guilt that even the worst adult criminal bears upon committing a crime. The mentally retarded have trouble reasoning and controlling their
The most important issue that must be addressed in this case is the principle of the “evolving standards of decency” and the uses of a national consensus. The “evolving standards of decency” were developed by Trop v. Dulles and have been implemented in one way or another in all of the precedents dealing with “cruel and unusual” punishment. It is important to treat these principles as an important aspect of “cruel and unusual” punishment jurisprudence, therefore turning from these set of principles would be foolish and a disregard for every precedent. However, it is important to acknowledge that each case satisfies the standards by using a different method; some use the presence or lack of state legislature as a judgment of consensus while others look at foreign countries.
The court believed that the scheme of chastisement under the ruling was consequently “cruel and unusual” if it was too unembellished for the crime, if it was arbitrary, if it affronted societies sagacity of justice, or if it was not more operative than a less unembellished penalty. Reinstating the Death Penalty
The 8th amendment states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. Justice Samuel and four other justices conclude that the lethal injection does not cause harm and does not violate the 8th amendment according to this article. “ Testimony from both sides supports the District Court’s conclusion that midazolam(medicine) can render a person insensate to pain” says Justice Samuel A. Alito Jr. Justice
Capital Punishment, or the death penalty, has gone back and forth between Supreme Court cases for years (Death Penalty). Since 1972, with the case Furman v. Georgia, the legality of the death penalty has been challenged, along with it’s principality and methods. The first recorded use of death as a punishment in America was in 1608 (Reggio), George Kendall of Virginia was executed under the belief that he would betray the British Empire to the Spanish, and the first legal execution occurred in 1622, when Daniel Frank of Virginia was put to death for thievery. Historically, the death penalty was inflicted under crimes like theft, murder, perjury, adultery, rape and statutory rape, buggery and beastiality, arson, blasphemy, and the Duke’s
But are we in the future to be prevented from inflicting these punishments because they are cruel? If a more lenient mode of correcting vice and deterring others from the commission of it would be invented, it would be very prudent in the Legislature to adopt it; but until we have some security that this will be done, we ought not to be restrained from making necessary laws by any declaration of this kind’ “ (Bomboy). In other words, Livermore was arguing that all citizens who commit horrible crime do deserve severe punishments for the crimes that they commit, and until the government figures out a way to place restrictions and guidelines on the penalties that we believe are morally proper to give, then they cannot hold back from reprimanding those citizens. Consequently, The Founding Fathers created the Eighth Amendment to be intended for further generations to interpret the meaning of “cruel” and “unusual” over time (Donnell). The amendment was then ratified in 1791 nevertheless, the Eighth Amendment and the death penalty is still highly debated today because the differences in interpretations
Texas Death Penalty Controversy Introduction Texas has a long history of using the death penalty as a form of punishment for serious criminal offenses. The state has carried out the most executions of any state in the United States since the reinstatement of the death penalty in 1976, with a total of 570 executions as of September 2021. This paper will examine the history of the death penalty in Texas, the process of imposing and carrying out a death sentence, and the controversies surrounding the use of the death penalty in the state's criminal justice system. History of the Death Penalty in Texas Texas has a long history of using the death penalty as a form of punishment. The state carried out its first execution in 1819 when George Brown
The death penalty is a precedent set centuries ago as a method of punishment for severe crimes. In 1923, the state of Texas declared that those sentenced to death were to suffer through the electric chair by the hands of the state, instead of being hanged by the hands of the counties (TX Executions). Later on, Texas would adopt the lethal injection method. Many see the death penalty as an inhumane violation of the basic rights defined in the Bill of Rights. On the other hand, others may argue that it is unpractical to abolish the death penalty due to the voidance of justice.
(Bohm, 2014). Halfway through the 19th century many states in the northwest stopped public executions and made state penataries (“introduction to the death penalty”). They did this so people would not watch these executions. After a while, many states
In 1608 there was about one execution, compared to the year 1850 where there was about 4000 executions made. The years between 1900 to 1972 there was almost 8000 executions, performed in the United States. Nevertheless, in 1973 to 2002 the number executions dropped greatly to around 1000 executions. (Table 1). As previously stated the death penalty has gone through drastic changes throughout history, ecpecially the number of executions through the years This chart* chronicles the United State’s use of the death penalty over the past four centuries.
Argumentative Essay The first established death penalty laws go back to the Eighteenth Century B.C. Britain influenced America’s use of the death penalty more than any other country. Committing a crime such as marrying a Jew, treason, or not confessing to a crime that person was penalized with the death sentence. These sentences were carried out by crucifixion, drowning, beating to death, burning alive, and impaling the criminal. Hanging criminals became the usual way to carry out this type of sentence, but today the use of lethal injections put the criminals to sleep.
Supreme Court has redefined (along with not defining) the Eighth Amendment and “Cruel and Unusual Punishment”. Moreover, the court has intervened in many cases where the death penalty was applied injustice. The Cruel and unusual punishment doctrine has not been well developed. The Supreme Court’s primary concentration has been on the word “cruel” when determining what punishments are prohibited.
It’s Not working out. By:Taija Jones. The 8th amendment says “Excessive bail shall not be required, Nor excessive fines imposed, Nor cruel and unusual punishments inflicted” . With that being said if the 8th amendment applies for cruel punishments of death penalties then why is it still happening.
Death Penalty is a very ominous punishment to discuss. It is probably the most controversial and feared form of punishment in the United States. Many are unaware, but 31 of the 52 states have the Death penalty passes as an acceptable punishment. In the following essay, I will agree and support Stephen Nathanson's statement that "Equality retributivism cannot justify the death penalty. " In the reading, "An Eye for an Eye?", Nathanson gives objections to why equality retributivism is morally acceptable for the death penalty to be legal.
Annotated Bibliography Draft Student name : Haider Zafaryab Student number: 2360526 Thesis Statement : Capital Punishment is a very controversial topic around the globe. I believe that it does more harm than good and breeds violence in society. Source 1: Radelet, M. L., & Akers, R. L. (1996).
Served as an important criminal law, the death penalty continued to be used for a long time. It was undoubtedly believed that the death penalty had promoted the human civilization a lot. However, with time going by and the society progressing, the death penalty seemed to be too much cruel. ‘Pressed under weights; boiled to death in oil; burnt with red-hot pincers and then torn limb from limb by horses; hanged, drawn, and quartered; or drowned’, these are what still existed in European countries in the seventeenth and eighteenth centuries (Hood & Hoyle 11). ‘Death by a thousand cuts’ was another cold-blooded sentence to the prisoner in China (Hood & Hoyle p11).