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8th Amendment Essay

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The 8th Amendment of the Constitution states that no one should receive any "cruel and unusual punishments" for the crimes they have commited. The death penalty is a violation of the 8th amendment, and should be banished from the USA as it is an unreasonable and extreme punishment that is unnecessary and avoidable. The death penalty is inhumane, irreversible, and much more expensive compared to a non-death penalty case. Currently, 27 states are still using the death penalty and many of these states are either Midwest or South. Methods such as lethal injection, electric chair, hanging, gas chambers, and firing squad are used to execute these inmates. To reiterate, the death penalty is a violation of the 8th Amendment of "cruel and unusual punishments" …show more content…

The death penalty is an extreme violation of the fundamental human right of life and it also violates the 6th Amendment of Due Process. In 1991, the Universal Declaration of Human Rights (UDHR) along with the International Covenant on Civil and Political Rights (ICCPR) advocated for the complete abolishment of the death penalty and it urged USA to comply with its beliefs. A numerous amount of countries have already abolished the death penalty, and it is time for USA to join them. Many states currently use methods such as hanging, gas chambers, and electric chairs to kill someone on the death penalty. These methods make the inmates suffer for long periods of times before they die. As of 1976-2022, there have been 163 executions by the Electric Chair which is considered the secondary method of execution for the Death Penalty after the lethal injection. In general, it is inhumane kill these inmates and make them suffer for long periods of …show more content…

In this case, Ford was convicted and sentenced to the death penalty for committing murder. Over time, in prison, Ford's mental health was deteriorating and he was suffering from various mental problems, such as not understanding why he was getting executed. Because of this behavior, various physiatrics had to examine his behavior and he was diagnosed with mental health issues. The state court, however, still kept him on death row. His attorney then demanded a habeas corpus and went to appellate courts eventually reaching the US Supreme Court. The question was If inmates who suffer from mental problems should receive the death penalty. The Supreme Court decided in favor of Ford 5-4 and the precedent was set that an inmate that has mental problems should not receive the death

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This would mean that the death penalty is not unusual - Violates life’s experience and goes against any appreciation of life. Significance of Case The court's decision made states and national legislature rethink their beliefs about capital offenses to assure that the death penalty would not be administered in a unpredictable or discriminatory manner. However, the death penalty is still very controversial and debated, even today. Gregg v. Georgia(1976, 2-7 Vote Decision)

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Roper V Simmions, Falls under the 8th amendment cruel and unusual punishment. In Roper V Simmions there was a 17 year old boy with a mental disabitliy who commited a premediated murder was orginally being tried for the death penalty. In this case however there was another individual who did assist in the murder. He wasnt declared “mentally fit” for the trial but some felt his crimes were heneous enough to warrent the death penalty.

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(Hurst v. Florida) (Furman v. Georgia (intro)) From this case, it showed how “it has been assumed in our decisions that punishment by death is not cruel, unless the manner of execution can be said to be inhuman and barbarous” (“FindLaw's United States Supreme Court Case

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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.

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Following the U.S. Supreme Court decision, it was decided that executing the mentally impaired abused the Eighth and

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The Eighth Amendment to the United States Constitution forbids any type of cruel and unusual punishments. Nearly every state also has its own ban on these penalties. The concept of cruel and unusual punishment was engrained into the English law. The biggest issue that focuses on the 8th Amendment would be capital punishment – issuing death sentences. Typically, states can pursue their own guidelines with capital punishment.

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Firstly, punishments given cannot be given brutal sentences and punishments. The article states, “The better-known component of the Eighth Amendment is the prohibition against cruel and unusual punishment.” This points out that people cannot be punished in cruel or unusual ways. Secondly, punishments have to be proportionate to the size of their crime. For example, the article notes, “Although this phrase originally was intended to outlaw certain gruesome methods of punishment—such as torture, burning at the stake, or crucifixion—it has been broadened over the years to protect against punishments that are grossly disproportionate to (meaning much too harsh for) the particular crime.”

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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.

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The fact that the Supreme Court initially rejected the challenge in one case and then later reconsidered it in another case makes the issue complex. Finally, the evidence highlights a significant moment in the history of the United States Supreme Court's stance on the constitutionality of the death penalty. It shows how the Court has evolved in interpreting the Eighth Amendment's cruel and unusual punishments clause and this evolution has led to the abolition of the death penalty in some states and more

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Capital punishment, or the death penalty, is a legal process in which a person is put to death as a punishment for a crime by the government of a nation. The United States is in the minority group of nations that uses the death penalty. There are thirty-three states that allow capital punishment and seventeen states that abolished it (Death Penalty Information Center). The morality of the death penalty has been debated for many years. Some people want capital punishment to be abolished due to how it can cost a lot more than life imprisonment without parole, how they think it is immoral to kill, and how innocent people can be put to death.

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No one wants to die, especially not if they know it’s coming but don’t know when. The death penalty is a punishment that violates the eighth amendment in the US constitution, by being a cruel and unusual punishment. There are many pieces of evidences proving this point and it inclueds: the different methods of exocution, how race plays a part, and specific examples of people. P1: There are many multiple different ways that countries interpret the death penalty around the world. In the US, there are 4 different methods: lethal injection,

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Some believe the death penalty is a fair form of punishment because one should die for their wrongdoings, however, what goes unnoticed is what happens outside of the media, and the real numbers and facts on the misfortunes of the death penalty. The death penalty, also known as capital punishment, is punishment by death for committing a crime such as rape, murder, arson, etc. Methods of capital punishment include lethal Injection (a mix of drugs injected into the person to cause eventual death), electrocution, gas chambers, hangings, and firing squads (Taylor). The death penalty is currently legal in 31 out of 50 states in the United States (Taylor). Although lethal injection is a primary technique for many states that already participate in

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’s activity.[arguments for] Legal punishment is necessary to have good order and discipline in our society.[argument] When a person commits themselves to carry out a criminal activity they are assuming the responsibility and risk of receiving any type of legal punishment that may be imposed on them.[argument] Capital punishment is the maximum punishment that you can receive. It can be executed in five lawful techniques such as electrocution, hanging, lethal injection, gas chamber, and firing squad. [ ] Since 2003, 38 states have been in favor of capital punishment as a punsihment; where 12 other states did not, such as Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island, Vermont, West Virginia, Wisconsin, and District of Columbia. [ ] Although, the United States is in favor of the

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Currently there are thirty-three states that allow the death penalty, and seventeen which don’t allow it. Capital punishment can be executed in differently with the primary style being lethal injections. Capital punishment has been the primary punishment for people who have committed serious crimes, such as murder since 1800th century BC. This style of punishment

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The death penalty, is the loss of life, which is induced by different tactics. The most common methods in the United States is lethal injection, hanging, firing squad, and the electric chair. The most chosen method by inmates is lethal injection. Lethal injection consists of the inmate being strapped to an operating table or gurney and a trained medical doctor will place two needles into the veins of the arms(Death Penalty Information Center).

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