The use of midazolam does not violate the 8th amendment. There have only been a few cases that have failed, and we have improved our strategy. Even if the execution takes more than the estimated amount of time, there is not a substantial amount of pain that would be consisered as cruel and unusual punishment. In addition, those being given capital punishment are deprived of life for taking away the lives of others. Opinion of the Court (Justice Samuel A Alito Jr.)
Roper V Simmons involved a juvenile (Christopher Simmons) who committed murder and got the death penalty. Christopher Simmons had the desire to commit murder and thought since he was a minor he would get away with the crime. On September 8th , Christopher Simmons, Charles Benjamin, and John Tessmer met at 2 am and planned to rob and murder a victim, their victim ended up being Shirley Cook. The three found Mrs. Cook in her bedroom, they then proceeded to tie her up and cover her mouth with duct tape , after they drove her to the Meramec River and dropped her off the bridge leaving her to drown. Tessmer fled the scene and ended up testifying against Simmons.
Roper V Simmions, Falls under the 8th amendment cruel and unusual punishment. In Roper V Simmions there was a 17 year old boy with a mental disabitliy who commited a premediated murder was orginally being tried for the death penalty. In this case however there was another individual who did assist in the murder. He wasnt declared “mentally fit” for the trial but some felt his crimes were heneous enough to warrent the death penalty.
Does the eighth amendment allow this? The eighth amendment is meant to protect our nation's people from excessive bail, excessive fines, and cruel and unusual punishment. The meaning and purpose of the eighth amendment has made an enduring impact on our nation. Meaning and Purpose of the Eighth Amendment To begin with, the eighth amendment is very important to the constitution.
The Eighth Amendment of the Constitution of the United is one of the shortest amendments, but its understanding has caused many debates. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (). The 1960s brought challenges to the fundamental legality of the death penalty. Before then, the Fifth, Eighth, and Fourteenth Amendments were interpreted as permitting the death penalty (Death Penalty Information Center, 2015). The eighth Amendment was born from the 1689 English Bill of Rights.
The 8th amendment states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. Justice Samuel and four other justices conclude that the lethal injection does not cause harm and does not violate the 8th amendment according to this article. “ Testimony from both sides supports the District Court’s conclusion that midazolam(medicine) can render a person insensate to pain” says Justice Samuel A. Alito Jr. Justice
It’s Not working out. By:Taija Jones. The 8th amendment says “Excessive bail shall not be required, Nor excessive fines imposed, Nor cruel and unusual punishments inflicted” . With that being said if the 8th amendment applies for cruel punishments of death penalties then why is it still happening.
Topic: In the 1970’s, many schools operating in Dade County used corporal punishment as a form of punishment for misbehavior. A male student attending a Dade County Junior High School was forcibly restrained and paddled after failing to allegedly adhere to school policies. The student claimed that the paddling of students as a means of maintaining school discipline constitutes cruel and unusual punishment, violating the Eighth Amendment; Issues: (1) Was it unconstitutional for the school to administer corporal punishment under the Eighth Amendment? (2) Did the school’s principal and vice principal violate the student’s Eighth Amendment by restraining him during punishment? (3) Under the Fourteenth Amendment, was the principal required
The Supreme Court of United State has lined or ruled that this cruel and unusual punishment amendment should be applied to all States. In this amendment, the phrases are originated in the “English Bill of Rights of 1969” (online-resources). Pros and cons of the proposed Amendment 8 Pros: • Permanently gets rid of murderers • Helps the community, world, and country to be a bit safer • Those people who commit any incredibly horrible crime should pay • If they commit a horrible crime, then they may get the death penalty • It prevents further crime from the person committing the crime Cons: • Unfair and cruel • Not painful and harsh • No matter the crime it is not good to kill the people • Many people learn from their mistakes, so death penalty would be unscrupulous
Does the death penalty violate the Eighth Amendment? The U. S. Supreme Court found to uphold the last penalty in Gregg v. Georgia (1976) as an acceptable sentence, when an offender has committed murder and ruled that the judgment did not offend the Eighth Amendment. Yet Americans have a fear of putting an innocent person to death. However, offenders are given the opportunity to have the death sentenced overturned. In fact, a direct appeal begins immediately in some of the sentencing state's highest courts when an offender is sentenced to the death penalty.
According to, the Eighth Amendment, the author suggests that, “Eighth Amendment to the Constitution of the United States ensures that bails, fines, and punishments be fair and humane. The amendment prohibits the federal government from imposing excessive punishments upon citizens found guilty in criminal cases. ”(worldbookonline.com). This evidence shows that the Eighth Amendment of the US Constitution requires that punishments, fines, and bail set in criminal cases are reasonable and not overly harsh. The Eighth Amendment also prevents the government from using punishments that are cruel or unusual.
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.
It is society’s moral duty to use every chance the government gives to save people from potential murderers. Emory University economist, conducted research about the results of execution, “Our results suggest that capital punishment has a strong deterrent effect. In particular, each execution results on average in 18 fewer murders” (Perazzo
As a form of incapacitation, the death penalty helps to prevent crime.” (Ernest Van De Haag, 1973). “Capital punishment is the cheapest way to remove the “ill” from the society. Instead of spending money on criminals the money can be used for the development of the society.” (5 pros).
In the case of the death penalty, it has the added bonus in guaranteeing that the person would not offend again. Supporters of harsh punishments argue that the would-be criminal would consider the costs versus the benefits of committing a crime. If the costs outweigh the benefits, then it is assumed that he would stop what he is doing, effectively ‘deterred’. Furthermore, the usage of harsh punishments to effectively deter crime is ethically justified as it prevents more people from falling victim to crime. However it is extremely difficult to judge a punishment’s effectiveness based on its deterrence effect, consequently we must consider other variables that would entail a person to commit a crime.
