Further Clarification Of The Concept Of Human Dignity Analysis

Further Clarification of the Concept of Human Dignity The judicial development outlined above significantly clarifies the notion of human dignity that is central to eighth amendment analysis. Other considerations also contribute to a fuller understanding of the application of the cruel and unusual punishment clause to techniques of capital punishment. Justice Brennan has noted that respect for the intrinsic worth of persons is central to the concept of human dignity. A human being is treated as a person when he is permitted to make choices that will determine what will happen to him. Hence, the essence of being a person lies in the notions of individual autonomy and freedom of choice. "If we respect their human dignity, we want people freely to be what they can be and genuinely want to be. Considerations of human dignity must be balanced against the legitimate governmental interests that are furthered by a system of punishment. All punishment necessarily restricts free choice; most offenders would choose to avoid the sanction entirely. At the same time, punishment in effect honors the choice of the criminal because it completes the rational consequences of his act. To the extent that he chooses to commit his criminal act, the law respects his

Gregg has established that the capital offender has no eighth amendment right to live past the date set for his execution. Since, however, the offender is entitled to all possible dignity before, and perhaps after, his death, the offender's choices must be respected unless they contradict the purposes of his punishment. His own decisions about how his life is to be terminated should be honored unless it can be shown that those decisions are inconsistent with legitimate state interests. Treatment as a person also includes recognition of the right to