Capital punishment, or more commonly known as the death penalty, is the legal execution of a person for a capital crime. This practice predates the founding of the America in the 18th century, but has been an intricate part of its legal system since the early 17th century. However, as society has grown more complex so has the style of execution; from burning at the stake to lethal injection the government has developed a procedure they believe to be more more humane. This is due to the fact that many are starting to question the legality of capital punishment citing that in the U.S. constitution the eighth amendment states “[e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The amendment was created in order …show more content…
But, in recent years the debate over the death penalty has increased regarding its constitutionality and ethics. There is no law that states the death penalty is illegal in its entirety, but as society develops a long-standing question has been asked: should capital punishment be abolished completely? The constitutionality of the death penalty can be seen in previous court held by the supreme court. It should be noted that in the U.S. legal system the verdicts of a lower court are determined by the outcomes of a higher court. That is to say, the supreme court has the final decision on how a law can be interpreted, and the constitutionality of it. In terms of capital punishment in 1972 a legal precedence was established in the case Furman v. Georgia. The petitioner, William Furman, was convicted of murder as during an attempt to burglarize a house he accidentally killed one resident by tripping and setting off a gun. Georgia’s jury found him guilty and sentenced him to the death penalty where at the time the only thing needed to denounce him was