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Pro Death Penalty Essay

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Rebecca Page Mrs. Batt English IV/ 3rd hour 1 May 2018 Should Rape be Capital Punishment “Rape is the only crime in which the victim becomes the accused” as sad as it is… it’s true, women get judged and blamed on because of the way they dress or act or use their body language.. When it comes to rape and debating on whether the death penalty should be used. The eighth amendment believe it or not is apart of all this mess. The statistics and percentage are extremely high and insane and I believe that all states should have the same laws and rules. The eighth amendment says, excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. “In 1977 the supreme court, by a 7 to 2 vote, ruled that the death penalty is cruel and unusual punishment for the rape of an adult woman.” Totenberg, Nina. “Justices Weigh Death Penalty for Child Rape.” 16 April 2008, https://www.npr.org/templates/story/story.php?storyId=89660806. Accessed 8 March 2018. In this case the “adult” women was 16 years of age and …show more content…

Women feel like they are just an object that men can just toss around. There are many different kinds of sexual assault but one newest form is a little too crazy. It’s called ”stealthing“ meaning an individual removes the condom without telling the other individual. Which leaves the person at risk for unwanted pregnancy, STD’s and many more. ”The Criminal Justice System: Statistics.“ https://www.rainn.org/statistics/criminal-justice-system. Accessed 18 April 2018. According to RAINN, one in six american women is the victim of an attempted or completed rape in her lifetime, and about one in thirty three men is the the victim of an attempted or completed rape in his lifetime. With all these cases of rape and women going unreported some reasons are not because of the victim not saying anything but the laws and regulations to it. Some states make it nearly impossible to report a rape

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How can the United States create a safe environment for women to report rape without them being afraid to do so and make sure that at least 75 percent of guilty offenders serve time in jail? To do so, a promotion of reporting rapes should start and a website should be created where women can anonymously report rape providing details, if any, about the attacker. This website could work in cohesion with the government or the police departments around the country to identify and convict those who are at fault. On the website Ebsco, one article by a woman named Cheri Dinovo

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[7] In his book, “Missoula,” John Krakauer analyses the issue of rape in the college town of Missoula. Krakauer begins his work by quoting the article False Allegations of Sexual Assault: Rape is unique. No other violent crime is so fraught with controversy, so enmeshed in dispute and in the politics of gender and sexuality… And within the domain of rape, the most highly charged area of debate concerns the issue of false allegations. For centuries, it has been asserted and assumed that women “cry rape,” that a large proportion of rape allegations are maliciously concocted for purposes of revenge or other motives.

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One in five women and one in sixteen men are sexually assaulted while in college. 63% of sexual assaults are not reported to police and only about 2 to 10% of reports are found to be false. In Jon Krakauer’s book: Missoula, Rape and the Justice System in a College Town. Krakauer focuses on the many rapes that occur on the college campus in Missoula. Most of the rapes that happen on college campuses are done by men, but to say all men are rapists is unjust and sexist.

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Supreme Court heard and ruled 7 to 2 decision it was unconstitutional to impose a death punishment on someone for rape. The court reasoned that punishments violate the Eighth Amendment of the are “excessive in relation to the crime committed”, that determination about excessiveness are properly informed by the “country’s present Judgement” and that the Georgia law could not survive this type of inquiry because no other state subjected persons convicted of the rape of an adult woman to execution. Moreover the Court explained the Eighth Amendment bars not only those punishments that are “barbaric” but also those that are “excessive” and unconstitutional if it makes no measurable contribution to acceptable goals of punishment and hence is nothing more than the purposeless and needless imposition of pain and suffering, or is grossly out of proportion to the severity of the crime (pp. 433 U.S. 591-592). ‘The death is disproportionate penalty for rape is strongly indicated by the objective evidence of present public judgement, as represented by the attitude of state legislatures and sentencing juries, concerning the acceptability of such a penalty, it only State authorizing the death sentence, it appearing that Georgia is currently the only state authorizing the death sentence for rape of an adult woman, that it is authorized for rape in only two other states, but only when the victim is a child, and that in vast majority of rape convictions in Georgia

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Building upon earlier work, they used approximately 4,500 female college students to report their sexual victimization. The analysis revealed few incidents, including rapes, are reported to police and/or campus authorities, a high portion disclosing to close friends. Gillibrand, K., Rubenfeld, J., Sulkowicz, E., Hargitay, M., Sullivan, T., Biden, J., & ... Sommers, C. H. (2014). The Debate: How should college campuses handle sexual assault?.

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In the book, Missoula: Rape and the Justice System in College Town, by Jon Krakauer, the reader delves into how rape and sexual assault are treated in the town of Missoula, and the University of Montana. As the reader, we are informed on how the university, the police department, the district attorney’s office, and the community reacted to these rape and sexual assault allegations. We see how the criminal justice system has failed the victims, and are forced to live with what happened to them, while their assailants are free of any burden. The law is set in place to protect people from victimization, but when the men, in this book, are not legally held accountable, then any woman, or man, is more susceptible to victimization. It is interesting

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In a 7-2 conclusion, the Supreme Court ruled that recieving a death sentence for raping a woman was a “grossly disproportionate” punishment and that the death sentence enforced should be reversed and overturned. Because the rape did not involve murder, the Court decided that the death penalty was disproportionate and unreasonable punishment, therefore being considered unconstitutional (cruel and unusual

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However, even though they are usually not the ones at fault, nothing is ever said about the event. In a report by the Bureau of Justice Statistics, it was found that 75 to 77 percent of sexual assaults, attempted rapes, and completed rapes were never reported (“Sexual Assault and Rapes”). Furthermore, the blame of the whole event was never put on the person responsible. Instead, the victim was blamed for not denying the advances, or for not making themselves clearer in their intents(“Sexual Assault and Rapes”). This huge chip to carry often leaves the victims feeling isolated, scared, full of shame, depressed, and with a low self-esteem(“Sexual Assault and Rapes”).

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This is another reason why the case may have resulted the way it did, but that doesn’t stop people from fighting back. Not only is substance abuse and statistics a big factor, but barriers to reporting is a main component that correlates with the case. “Recent research has found that 40% of college students believed that a woman was responsible for being raped if she was intoxicated at the time of the assault” (Schwarz, Jill, et al., 2). These statistics lead many woman who are assaulted to stay silent about it. It is also known that some girls stay quiet about their assault because it is believed to be misunderstanding or it is the “norm”.

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Difficult, protracted executions constitute infringement of the eighth Amendment, which forbids savage and surprising discipline. Capital punishment disregards the privilege to life as announced in the Universal Declaration of Human Rights. It is a definitive remorseless, cruel and corrupting

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“Every two and a half minutes, someone is sexually assaulted in the United Sates” (Hansen, 2011). With the crime of sexual assault, the victim’s body becomes part of a crime scene. When the victim reports the assault to the police, the person is taken to a hospital or crisis center. “At the hospital most of these victims consent to the collection of physical evidence from their bodies, or a ‘rape kit’ (Nat.

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It is estimated in the U.S that rape or attempted rape occurs every five minutes. It is documented that 46% of criminals charged for rape become apprehended within three years of being released for different criminal activity.

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But are we in the future to be prevented from inflicting these punishments because they are cruel? If a more lenient mode of correcting vice and deterring others from the commission of it would be invented, it would be very prudent in the Legislature to adopt it; but until we have some security that this will be done, we ought not to be restrained from making necessary laws by any declaration of this kind’ “ (Bomboy). In other words, Livermore was arguing that all citizens who commit horrible crime do deserve severe punishments for the crimes that they commit, and until the government figures out a way to place restrictions and guidelines on the penalties that we believe are morally proper to give, then they cannot hold back from reprimanding those citizens. Consequently, The Founding Fathers created the Eighth Amendment to be intended for further generations to interpret the meaning of “cruel” and “unusual” over time (Donnell). The amendment was then ratified in 1791 nevertheless, the Eighth Amendment and the death penalty is still highly debated today because the differences in interpretations

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866 Words | 4 Pages

Sexual assault remains the most underreported crime for teens as well as adults, (Why Don’t They Tell? In the award-winning novel Speak by Laurie Halse Anderson writes about a character named Melinda Sorinado who was raped in the summer of freshman year and during freshman year we read about her dealing with the trauma she experienced. “Its choppy, nonlinear narrative gradually reveals that shortly before the first day of school, Melinda went to a party, where she was raped by a handsome, popular senior… But also, I had been sexually assaulted a month before ninth grade started,” (Interview with Author). Due to him being so popular, she didn’t tell anyone, some of the reasons that may have happened could be.

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In this paper we will look at several cases in which the 8th Amendment has been used in my opinion unethically to justify everything from gender reassignment surgery to claiming that one was mentally insane in order to get out of facing the death penalty. Excessive Bail The 8th Amendment was written to protect against excessive bail, excessive fines, and the infliction of cruel and unusual punishment on someone accused of a crime (n.a., 2015). Bail varies from state to state; In the case below we see how a person accused of domestic assault is given what he believe is unfair bail and the court opinion of his claim.

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