Essay On 8th Amendment

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Does the death penalty violate the Eighth Amendment? The U. S. Supreme Court found to uphold the last penalty in Gregg v. Georgia (1976) as an acceptable sentence, when an offender has committed murder and ruled that the judgment did not offend the Eighth Amendment. Yet Americans have a fear of putting an innocent person to death. However, offenders are given the opportunity to have the death sentenced overturned. In fact, a direct appeal begins immediately in some of the sentencing state's highest courts when an offender is sentenced to the death penalty. In some states, a direct appeal is required, however, in other states it is the offender’s decision. A death penalty inmate spends on average a decade on death row before execution. A decade allows adequate time to file appeals, if they feel their sentence is unfair. After the completion of this appeal, it is the offender’s decision to attempt …show more content…

The way the death penalty process starts is with the type of crime committed, and the decision being reached by a court that the crime is punishable by death. Once the offender has been sentenced to the death penalty they are given the opportunity for an appeal or are mandated to appeal depending on the state. Offenders can appeal the decisions of the court on state and federal levels in an effort to change their death sentence and with the average time on death row being a decade death penalty inmates have more than enough time to pursue appeals. Although, if the offender is to be executed it will be done humanely by means lethal injection unless the offender chooses another state approved method of execution. The death penalty is not cruel and unusual punishment the offender goes through a process that sentences them and immediately gives the time and opportunity to appeal and if executed the right to not be

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