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Capital Punishment Research Paper Outline

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Brandon Bjoin CJST 352 Research Paper Capital Punishment Capital punishment is a growing concern within the United States. Just as many people are for using the death penalty as there are people who are against it. The people who are opposed, state that it violates the inmate’s Eighth Amendment right against cruel and unusual punishment. The Eighth Amendment is stated as follows, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” So does the death penalty violate this right? Is the death penalty cruel and unusual punishment? I think that this can be explained through the way the inmates are executed. Firing squad, lethal injection, hanging, gas chamber, and electrocution are …show more content…

First, the inmate is taken into the execution room and tied down to the wooden chair using leather straps around multiple parts of their body. A wet sponge is then placed on top of the prisoner’s head to ensure a good connection and to prevent the flesh from burning when the electricity starts to flow through the body. The electrodes are then placed on top of the head and onto the ankle of the inmate. After this is done, witnesses are brought into a different room, which is connected to the room in which the execution is done. The inmate is offered to give a final statement prior to the execution and a black hood is placed over their head shortly after. The execution team is then instructed to leave the room by the Warden, who is also in charge of giving the court order to start sending the electricity through the body. Voltage ranging from 500-2000 volts is then sent through the body of the inmate for about 30 seconds until they are presumed dead by the medical staff. The fourth method of execution used in the United States is by poisoning the inmate inside a gas chamber. The gas chamber was created after the electric chair in 1924 in an attempt to create an even more humane way of executing an individual. 4 states in the United States use the gas chamber today, however, all of these states use lethal injection as their primary method of execution. Just like all of the other forms of execution, the execution staff takes every necessary precaution towards making sure everything goes as

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Although, the term “cruel and unusual punishment” is constantly changing as society develops. For example when the amendment was first made cruel and unusual punishment at the time was being burned at the stake or being tortured. Today cruel and unusual punishment can include the death penalty and it was not until a little after the 1970s when the death penalty was considered a part of cruel and unusual punishment. The main use of the eighth amendment in court is for cruel and unusual punishment. Some cases that use the eighth amendment are the Roper v. Simmons, Hudson v. McMillian, and the Woodson v. North

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It’s the practice of killing someone using a lethal dose of a certain drug. Two versions of lethal injection exist today, one using a three-drug protocol and another using one large dose of a barbiturate (a sleep-inducing drug). Has killed 1,244 people since 1976. b. Electrocution- Used 11% of the time.

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The Supreme Court has observed that a method of execution violates the Eighth Amendment if it inherently involves “torture or a lingering death” or is “inhuman and barbarous.” This was brought into question in the case of Glossip V. Gross when Oklahoma introduced the drug midazolam as a new execution drug. The case also brings into question whether the court is required to supply a form of execution when the government cannot find one itself. In Baze v. Rees the three-drug protocol was observed for lethal injection by at least 30 states, where barbiturate, an anesthesia that causes the person to go unconscious and two other drugs which paralyzed the prisoner eventually causes them to go into cardiac arrest.

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The lethal injection executions illustrates a constitutional violation of the branch 's overreach as described by the 8th amendment due to its cases bring either successful in the execution or providing sufferable pain to death row inmates. One of the current problems in the Judicial branch is the use of lethal injection towards execution sessions. Lethal injection is an injection that is administered for the purpose of euthanasia and capital punishment. There are two methods of lethal injection today, one using a three drug protocol and the 2nd being the large dose of barbiturate. Lethal injection is used for capital punishment as it follows the 8th amendment we have today.

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In this execution style multiple executioners fire live ammunition at the inmate, after a separate guard places a hood on their head and a target at their heart. This division of tasks creates the illusion of bureaucracy and medicalization, though it appears more obvious within lethal injection executions. Bullet-proof glass was also installed for witnesses to see the execution live, suggesting that the “public spectacle” that Foucault suggests is still present today, in a more private and restrained setting. The psychological pain suffered from such an execution as one by a firing squad is sure to be enough to constitute cruel and unusual punishment,

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The Cruel and Unusual Punishment clause is the most imperative and controversial section of the 8th Amendment. In some ways, the clause is very mysterious. What does it mean for a punishment to be “cruel and unusual”? How do we measure punishment’s cruelty? And if a punishment is cruel, why should we care if it’s “unusual”?

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Does the death penalty violate the 8th Amendment? According to the National Constitution Center, the 8th Amendment states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (“Amendment VIII”). There is no objective answer to this, because the courts never clearly stated that the death penalty is cruel and unusual. I do not agree with any part of the death penalty simply because I believe it is cruel in the sense that it strips man of his “right to life” as declared in the Universal Declaration of Human Rights.

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When you think of the term “cruel and unusual punishment”, what is the first thing that pops into your head? You are probably thinking of something very horrific and terrible like being forced to fall out of an airplane that is 30,000 feet in the air because you forgot to turn in your homework or something crazy along those lines. When a punishment is administered upon someone that is too severe a consequence for the action that they committed, this is considered to be “cruel and unusual”. The Death Penalty is a punishment that is occasionally given within the United States and in many other places around the world for crimes that are considered absolutely inexcusable and heinous. Some would argue that the Death Penalty should be considered a “cruel and unusual” punishment due to two major propositions as presented in Romell Broom’s argument.

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The morality and legality are two areas that are heavily questioned when enforcing capital punishment. There are various ways in which capital punishment is executed. There are punishments that were used in early times that are very rarely seen in today’s society which includes firing squad, hanging, or electric chair however

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Executions in Japan are conducted in secrecy, and prisoners are informed of them only in a few hours, and some are not warned. Their relatives and lawyers are usually informed of the execution only after it has already taken place. UN experts sharply criticize Japan for the lack of adequate legal guarantees for those sentenced to death. For example, defendants are deprived of the proper assistance of an attorney and there is no mandatory procedure for appealing a sentence in cases where the death penalty may be imposed. It is also known that several prisoners with mental or mental disorders were executed or are on death

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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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