Essay On Constitutionality Of Death Penalty

Death Penalty and Constitutionality

When looking at the death penalty there is a spectrum of ideas fueled by ideals and morals, many of which are correct in their own stance. While some may disagree with the claim that the death penalty is constitutional by a standard of an originalist or it is unconstitutional by a standard of a living constitutionalist, when looking at the the evidence as a originalist, the death penalty is constitutional. Although many people say that the death penalty is unconstitutional because of the VIII Amendment, the death penalty is constitutional, this is proven through evidence such as past cases setting precedents and the laws themselves that people want to change.

The first idea to talk about is: What is the death penalty? The death penalty is to deem someone to have committed a crime heinous enough to warrant death. As guest speaker Aaron

Amendment VIII of the Constitution states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. The death penalty to some may be deemed “cruel and unusual punishment” in the modern age, but it is not because it has been around in law and is still law in many countries including our own so it cannot by definition be unusual (US Const. Amend. VIII). It also cannot be cruel because it is done through a painless injection as shown in the findings of the court case of Glossip v. Gross. In addition, Amendment V it states that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,…nor be deprived of life, liberty, or property, without due process of law”. The Constitution clearly states that “life” can be deprived with “due process of law”, making the death penalty constitutional (US Const. Amend.