New York Times (NYT) column-writer, conversely a certified lawyer, Adam Liptak, in his article, “Supreme Court Rejects Alabama Death Row Inmate’s Appeal”, describes how a death-row inmate from Alabama requests death by a firing squad as opposed to lethal injection, that contains the sedative midazolam, for his death sentence, but was rejected by the Supreme Court of the United States. Liptak’s purpose is to demonstrate that the Supreme Court’s decision to reject the appeal may have been unconstitutional due to the means of execution by lethal injection causing “prolonged torture” rather than a quick death due to midazolam, which disputes the eighth amendment in the Bill of Rights, the first ten amendments of the U.S. Constitution. Liptak develops
There is also an inclination to believe that if he had not suffered from this state, then the offence would not have been committed, specially not in the barbaric way it was done. Thus, it cannot be concluded that the accused willfully preformed the act, nor that the mens rea and the actus reus coincided while he was not in a psychotic state. (Roach, 113) Related to this finding is another element that supports the verdict of the Honorable Judge, which is the Principle of Fundamental Justice that states that no one should be “punished for morally involuntary actions.” (Roach, 82) A person who successfully raises the mental disorder defence is considered to be morally innocent of the act because they were not acting freely, in this case, free from psychotic ideations.
The trial court then imposed the death penalty. d. Several times before and during the course of the trial, Cooper’s competence to stand trial due to hallucinatory behavior. A judge considered whether petitioner had the ability to understand the charges against him and to assist defense counsel. i. Specifically, Cooper said he thought his prison clothing was “burning” him, he talked to both himself and an imaginary “spirit” that he believed was providing him with counsel, and he expressed fear that his life was being threated by his own counsel and that they wanted to kill him.
2016 that states that death punishments falls under unusual punishment which violates the “Eighth Amendment of the Constitution”. The evidence is compelling but other approaches could be taken
Under the aforementioned 8th amendment, cruel and unusual punishment is unconstitutional, but when funding is not available to help diagnose and care for the mentally ill criminals is the easy to let them slip through the cracks. Much like Thomas who despite displaying the severe signs of instability. For instances, while awaiting trial and sentencing Thomas removed both of his eyes with his bare hands, stating he was prompted by a bible verse (“Trouble in Mind”). Concerns begin to rise as to whether or not the death penalty is the proper punishment for a man who is clearly crazy, as well as the legality in the use of the death
The Eighth Amendment prohibits inflicting cruel and unusual punishment on citizens. The judicial branch must ensure that the rights and privileges granted to American people by the Constitution are provided equally regardless of their race, sex, or sexual identification (Edmondson, 2017). John Doe after serving two years of a five-year sentence for manufacturing methamphetamines, escapes from prison by hiding in the back of a milk truck. When the milk truck makes its first stop, inmate Doe climbs out of the milk truck and walks away without anyone’s assistance. Inmate Doe manages to find a new set of clothes, catches a ride with a stranger, and shows up at a friend’s home.
Following the U.S. Supreme Court decision, it was decided that executing the mentally impaired abused the Eighth and
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.”
However, it is unclear that he knew this while committing the murder. This, along with self-injury that included the removal of both his eyeballs, built a case against sentencing Thomas to death on the basis that he was mentally incompetent. His attorneys argued that his execution would violate the clause of the eighth amendment that prohibits cruel and unusual punishment. Prosecutors in this case would claim that his history with drugs and alcohol put him in this state, rather than a true mental illness (TX Tribune). Nevertheless, the fact still stands that he suffered from self-injury while incarcerated, and consequently he was not under the influence at that moment.
The 8th amendment clearly states that no one should be given a cruel and unjust punishment from the federal government. Because the killer could not think straight, this case is argued over whether or not the death penalty is too extreme for a man who can’t even control his
Edgar Allan Poe wrote the short story “The Tell-Tale Heart” in 1843 (Virginia.edu). By writing this story, and many others, Poe gained the reputation of being a fantastic gothic author. Gothic began in the 1700s and has since developed into a major genre of literature. Scholars divide gothic history into three distinct waves, these waves all last approximately forty years and arise from the impact of major events and instability in culture (Floyd). “The Tell-tale Heart” was written between the first and second waves of gothic literature but belongs in the first wave.
The short story “The Tell-Tale Heart” by Edgar Allan Poe, is told from the point of view of a man who, who has an ever growing obsession to kill this old blind man. The story takes place with the narrator and the old man living together. The narrator is obsessed with the old man’s vulture like eye, which he stalks every night until he takes actions into his own hands and murders the old man getting rid of this obsession. After the murdering of the old man and hiding his body the narrator is questioned by police officers, saying they heard screams and making sure everything is alright. The narrator offers the officers to sit and question him inside the house, while sitting in the exact same spot the man hides the dead body of the old man.
Opponents of the death penalty claim that the death penalty violates the Eighth Amendment’s promise to protect us from cruel and unusual punishment. However, this claim is essentially void when considering the true meaning of the Eighth in terms of its constitutionality. In our country’s Constitution, the amendment states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” If looking solely at this, an argument stating that the death penalty is cruel and unusual may very well be grounded.
Another article from Issues and Controversies shows “Opponents of the death penalty argue that botched executions such as Wood's illustrate that the practice is a violation of the Eighth Amendment to the U.S. Constitution, which bans cruel
In this excerpt “from The Tell-tale Heart,” Edgar Allan Poe creates the supercilious character of an unnamed narrator through indirect characterization. Using the components of character motivation, internal thoughts, and actions, Poe portrays a story about deception and reveals the feelings of superiority, and ultimately guilt, that is invoked by the pretense of innocence. The narrator’s motivations can be identified through his internal thoughts and his actions. For example, both components are recognized when the narrator says “while I myself, in the wild audacity of my perfect triumph, placed my own seat upon the very spot beneath which reposed the corpse of the victim.”
