8th Amendment Essay

This would mean that the death penalty is not unusual - Violates life’s experience and goes against any appreciation of life. Significance of Case The court's decision made states and national legislature rethink their beliefs about capital offenses to assure that the death penalty would not be administered in a unpredictable or discriminatory manner. However, the death penalty is still very controversial and debated, even today. Gregg v. Georgia(1976, 2-7 Vote Decision)

The main arguement that was used was the 17 year old was not mentally fit for trial nor was he mentally aware of the effects of the murder. Therefore if someone doesn’t even fully understand the crime that they commited how could they be senteced to death for that crime. That I would consider to be a curel and unusual

(Hurst v. Florida) (Furman v. Georgia (intro)) From this case, it showed how “it has been assumed in our decisions that punishment by death is not cruel, unless the manner of execution can be said to be inhuman and barbarous” (“FindLaw's United States Supreme Court Case

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

Finally in the case of Atkins v. Virginia, which Simmons himself use as a reference for his sentence, this is where we see that the execution of someone considered mentally retarded is cruel and unusual punishment under the eighth

Following the U.S. Supreme Court decision, it was decided that executing the mentally impaired abused the Eighth and

Capital punishment commonly referred to as the death sentence or penalty is a topic of widespread controversy. The question of whether capital punishment is “cruel and unusual” provokes questions about societal values and the philosophy behind punishments. As decreed in the Eighth Amendment of the United States Constitution it declares the use of “cruel and unusual” punishments is to be prohibited. With many execution methods such as lethal injection, electrocution, beheading, hanging, firing squads, and stoning, it sparks the question. Do these fall under the Eighth amendment?

Firstly, punishments given cannot be given brutal sentences and punishments. The article states, “The better-known component of the Eighth Amendment is the prohibition against cruel and unusual punishment.” This points out that people cannot be punished in cruel or unusual ways. Secondly, punishments have to be proportionate to the size of their crime. For example, the article notes, “Although this phrase originally was intended to outlaw certain gruesome methods of punishment—such as torture, burning at the stake, or crucifixion—it has been broadened over the years to protect against punishments that are grossly disproportionate to (meaning much too harsh for) the particular crime.”

Capital punishment is a highly debated issue, with questions surrounding its fairness and constitutionality under the Eighth Amendment due to the protections it provides and the

This type of punishment is often questioned, is authorizing someone to get killed illegal? While many people find it inhumane, others find it just, according to both the Harris and Gallup Poll, “ In 2008, 63 percent of Americans supported capital punishment (Harris Poll, 2008), and in 2011, the percent dropped to a 38-year low of 61 percent, with 35 percent opposing capital punishment (Gallup Poll, 2011)” With results from this poll, some states actually take this punishment into consideration and use it on offenders who are often involved with homicide. The states that favor this type of cruel and unusual punishment in the United States, surprisingly are 31 out of 50. In amazement there are different forms of the way an offender is authorized to be killed.

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.

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.

People started the Capital Punishment debate in the early 1950s, and it perseveres as a very controversial topic (History of Death Penalty). Capital Punishment is a very permanent solution to problems, and it has several drawbacks- like its improper methods of execution; it is also unethical, immoral, and often discriminatory. According to the 8th amendment, the government can neither impose excessive taxes or fines on citizens nor can it sentence cruel or unusual punishments. This amendment was based on the English Bill of Rights, and it was originally created to prevent unusual punishments like branding or strangling.

’s activity.[arguments for] Legal punishment is necessary to have good order and discipline in our society.[argument] When a person commits themselves to carry out a criminal activity they are assuming the responsibility and risk of receiving any type of legal punishment that may be imposed on them.[argument] Capital punishment is the maximum punishment that you can receive. It can be executed in five lawful techniques such as electrocution, hanging, lethal injection, gas chamber, and firing squad. [ ] Since 2003, 38 states have been in favor of capital punishment as a punsihment; where 12 other states did not, such as Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island, Vermont, West Virginia, Wisconsin, and District of Columbia. [ ] Although, the United States is in favor of the

The death penalty, is the loss of life, which is induced by different tactics. The most common methods in the United States is lethal injection, hanging, firing squad, and the electric chair. The most chosen method by inmates is lethal injection. Lethal injection consists of the inmate being strapped to an operating table or gurney and a trained medical doctor will place two needles into the veins of the arms(Death Penalty Information Center).