8th Amendment Research Paper

Passed on September 25, 1789 and ratified on December 15, 1791 by Congress, the eighth amendment has been present in the United States for quite some time. Over time, the amendment has morphed and interpreted differently. In the Constitution it states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. In the 1990s, individuals referenced the eighth amendment when discussing capital punishment or the death penalty. Death sentences were most frequent during the 1900s, resulting in some individuals declaring that it went against the amendment (Source A). Since then, opinions on the death penalty have fluctuated, some claim that is barbarous while others deem it to be necessary. The

Hammurabi was the king of Babylon during 1792-1750 BCE and he created Hammurabi’s Code. In this code, there were many rules, which all followed under the phrase, “an eye for an eye,”. This means that what one does to another, it must be done back to them. One rule in Hammurabi’s code was, “If a man knock out the teeth of his equal, his teeth shall be knocked out.” Meaning, since one individual hurt another, that person shall be hurt too. This rule proved to be highly immoral, because it basically led one achieving and performing their revenge on another. Sentencing an individual to death for a crime they had committed, whether it be murder, rape, or another heinous crime, is using Hammurabi’s code. Individuals on death row were put there because members of the court believed that they had committed a crime worthy of death. By sentencing them to death, the court is committing a murder as well, even if it is of a guilty individual. Murdering or sentencing one to death row is not just, even if the individual is guilty of treason. By saying the individual on trial shall not live because they murdered another, this reflects back on the decision makers. It deems those making the decisions hypocrites. The court members are choosing whether one lives or dies, and if they choose the death option they are performing the exact crime the individual could be on trial for. Murder. The court’s final

There will be some individuals who stand behind it, some who do not, and some who prefer other options like solitary confinement. Sentencing one to death out of fear of what they might be or what they could become is not a reason to end someone’s life. Those who are on death row have to spend days, months, or even years waiting; waiting to hear if might be released or if their execution date has been set. If an individual has committed such a barbaric crime, the court should not stoop to their level and commit murder. Outsiders, who have never stepped a foot in prison, do not know what it is like. They do not know the conditions, the horrible treatment, or the everlasting days. It’s impossible to know what it is like behind the bars of a prison cell; individuals can only go on what they believe. It says in the Bible that thou shall not kill. Capital punishment is murder, and overall does more bad than