Is The Death Penalty Constitutional Or Unconstitutional

Ethan Ju

Mrs. Carlisi

Honors American Government

February 28th, 2017

Is the Death Penalty

Constitutional or Unconstitutional?

Ethan Ju

Mrs. Carlisi

Honors American Government

February 28th, 2017

Q3P1 Since their existence, governments have tried to maintain justice. As time progressed the idea of capital punishment emerged. The death penalty is currently the most severe punishment that can be received. Though it did not originate in America, it has spread to America and has become a controversial topic in America. Many have questioned its constitutionality, and many have brought this issue to the Supreme Court. However, it is obvious that capital punishment in America is unconstitutional. The history of the death penalty throughout

Virginia and Roper v. Simmons can be used to show the how the death penalty is unconstitutional in America. The constitutionality of the death penalty has been argued in various court cases. The eighth amendment states that any cruel and unusual punishment is forbidden. The first case to deal with this topic was Gregg v. Georgia. In which the supreme court ruled that the death penalty was not unconstitutional and was not cruel and unusual punishment. From here came the case of Atkins v. Virginia. Daryl Atkins was accused of robbery, murder, and abduction. He was convicted by the Virginia Supreme Court and sentenced to death. However, the case was brought to the Supreme Court, as Atkins was mentally disabled. Thus, the question that is executing someone who is mentally disabled considered cruel and unusual punishment. The Supreme Court went on to rule in a 6-3 favor of Atkins (“Atkins”). After this case came the case of Roper v. Simmons. Christopher was sentenced to death, but was 17 at the time of the sentence. The Missouri Supreme Court ruled in favor of Simmons, using the precedent set in the case of Atkins v. Virginia. From here, Roper, the superintendent of the correctional facility Simmons was assigned to, brought the case to the Supreme Court. Thus the question is executing a minor considered cruel and unusual punishment, was raised. The Court went on to rule in a 5-4 favor of Simmons. The cases of Atkins v. Virginia and Roper v. Simmons

The latest Gallup Poll taken on this topic took place from October 5th through October 9th. This poll has revealed that 60 percent of Americans are for the death penalty, 37 percent are opposed to the death penalty, and 3 percent have no preference (Gallup). Though showing that the majority of Americans are for the death penalty, supporters in America and throughout the world have gradually decreased over time. Many court cases have been fought over this topic, and many arguments have been waged. However, the underlying idea of the death penalty remains one that should be focused on. Justice and social structure need to be kept together, but the death penalty is not the correct answer to this, as it jeopardizes