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8th Amendment Essay

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A question to ask regarding capital punishment in the United States is not about the deserving nature of an individual's punishment for their crime, but instead if, as a society, we deserve to take the responsibility of ending someone's life. Nobody should ever be given the accountability for another person's existence. Taking someone's last breaths is not justice. Killing someone is the easiest way out. They should remain for the rest of their lives contemplating their deeds and how they ruined their own lives. Our judicial system should prioritize incarceration and how lengthy a sentence someone should receive based on the crimes committed. The death penalty may claim to serve justice, but its fatal flaws expose a fundamentally broken and …show more content…

Criminals are shielded from cruel and unusual punishments. Finding the better option for good is sometimes the only answer. More so, execution is a crueler punishment than a life sentence without the possibility of parole. The process of entrusting a jury and judge with the power to decide someone's fate and put an end to their life will always be inhumane and seen as a cruel punishment. Although the Supreme Court has ruled capital punishment constitutional, it is difficult to determine if someone really deserves to die rather than just spending life locked away with no possibility of release. “The Court has consistently ruled that capital punishment itself is not a violation of the Eighth Amendment, but that some applications of the death penalty are "cruel and unusual." (Cruel & Unusual Punishment) The execution of the death sentence is subject to mistakes and flaws that may lead to the punishment being applied unfairly and in violation of the Eighth Amendment. The death penalty is an extreme and irreversible punishment placed on criminals in the United States legal system. The error and bias found within sentencing capital punishment cause it to be an unjustifiable and unethical practice that should be abolished and replaced with more life sentences without the possibility of …show more content…

The color of the skin of the victim or defendant is a significant and unacceptable factor in determining who gets the death penalty in America. We have no knowledge of how a person may think, and giving a judge and jury the power to decide on someone's life can result in unfair judgments. “Today, there is growing evidence that racial bias continues in society, particularly within the criminal justice system. The existence of implicit racial bias among some law enforcement officers, witnesses, jurors, and others allows harsher punishment of minorities, even without legal sanction or intention. Although these prejudices are hard to uproot, the unfair application of the death penalty could be halted by eliminating that sentencing option altogether”(Dunham). By completely abolishing the death sentence in the 27 states that still practice it, discrimination can be addressed when deciding whether someone should live. Even when there is no intention or formal sanction, bias can result in harsher punishment for minorities, and it can be challenging to

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In Georgia, “people convicted of killing white victims are 17 times more likely to be executed than those convicted of killing black victims” (Philips).The death penalty is even seen as the “direct descendant of lynching” because of the significant imbalance in the prosecution of Black Americans for capital murder (Equal Justice Initiative). Given our long history of systemic racism in the justice system, we cannot trust ourselves to be the ultimate arbiter on whether to end a human

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Another issue that was discussed is the inequality of death penalty in practice. There have been serious issues with racial discrimination. For reference in cases with white victims and black defendants convictions occurred twenty two percent of the time while with black victims and white defendants with percentage dropped to a measly three

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George Woodworth once examined the death penalty rates among all death eligible defendants in Philadelphia, Pennsylvania between the years of 1983 and 1993. The results of their study proved that the odds of receiving the death penalty in Philadelphia increased by 38% when the accused was black. (“Race and the Death Penalty | American Civil Liberties Union”) This shows that the justice system is biased and proves that a black person is more likely to receive a death punishment for committing the same crime as a white person. Another example of discrimination is when death penalties are given to those that are poor and grow up in underprivileged backgrounds.

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