8th Amendment Essay

CAPITAL PUNISHMENT Capital punishment is typically considered as a human way to approach to kill the most wickedness criminals and to discourage others from carrying out intolerable crimes. However, the unrestrained expenses of capital punishment cases have states thinking about whether it's justified regardless of the price tag. The lethal established ailment in the discipline of death is that it treats 'individuals from mankind as nonhumans, as articles to be toyed with and disposed of. It is along these lines conflicting with the essential reason of the Clause that even the most awful criminal remains a person had of normal human respect.

African Americans face harsher circumstances in death row sentencing’s than any other race. In a study published in 2009 by Scott Phillips, a University of Denver sociology and criminology professor, conducted research between 1992 and 1999 in Harris County, Texas when an astonishing “504 defendants were indicted for capital murder” (O’Hare, 2010). At the end of his research, Phillips found that “convicted capital murderers were six times more likely to get a death sentence when they killed married whites or Hispanics with college degrees and no criminal record — as opposed to unmarried black or Asian victims with records and no college degrees” (2010). Phillip’s study proves that death row sentencing is bias as African Americans were more likely to be put on death row if their victim was of a higher social class than them. Florida’s death penalty sentencing in recent years has been extreme.

“We Need To Talk About Injustice.”). Unfortunately, race affects the chance of execution and it happens more than it should. As a society, we have made so many improvements throughout history. The abolition of slavery and the civil rights movement has immensely improved our society but every day when we incarcerate innocent black individuals and send them to death row, we as a society are setting ourselves back sixty years. Do you want that?

As with many other controversial opinions both groups for, and against capital punishment have valid opinions. So let's dive into the philosophy of both sides and an

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.”

The Rules of rights from the 8th Amendment ‘’Unless this right to bail before trial is preserved the presumption of innocence secured only after centuries of struggle, would lose its meaning. The U.S supreme court has ruled that this is a Amendment cruel and unusual punishment cause also applies to the states. The court concluded that the death penalty as a punishment for murder does not itself

Punishments for severe crimes around the world have been a subject of debate for many years. Different countries have varying views on what punishments are too extreme. The legality of certain forms of punishment is continually evolving in today's age. With the determination of constitutionality, a complex and evolving issue there are many debates around what constitutes cruel and unusual punishments. Despite ongoing controversies and discussions, punishments for serious crimes, including capital punishment, remain legal in some countries and continue to be imposed.

The 8th Amendment of the Constitution states that no one should receive any "cruel and unusual punishments" for the crimes they have commited. The death penalty is a violation of the 8th amendment, and should be banished from the USA as it is an unreasonable and extreme punishment that is unnecessary and avoidable. The death penalty is inhumane, irreversible, and much more expensive compared to a non-death penalty case. Currently, 27 states are still using the death penalty and many of these states are either Midwest or South. Methods such as lethal injection, electric chair, hanging, gas chambers, and firing squad are used to execute these inmates.

George Woodworth once examined the death penalty rates among all death eligible defendants in Philadelphia, Pennsylvania between the years of 1983 and 1993. The results of their study proved that the odds of receiving the death penalty in Philadelphia increased by 38% when the accused was black. (“Race and the Death Penalty | American Civil Liberties Union”) This shows that the justice system is biased and proves that a black person is more likely to receive a death punishment for committing the same crime as a white person. Another example of discrimination is when death penalties are given to those that are poor and grow up in underprivileged backgrounds.

The total cases of death penalties sentenced were XXX with 10% of total homicides being interracial killings, approximately XXX number of deaths. The chances of the justice system unlawfully putting racial prejudice onto its trials are XXX. Further analysis

In Georgia, “people convicted of killing white victims are 17 times more likely to be executed than those convicted of killing black victims” (Philips).The death penalty is even seen as the “direct descendant of lynching” because of the significant imbalance in the prosecution of Black Americans for capital murder (Equal Justice Initiative). Given our long history of systemic racism in the justice system, we cannot trust ourselves to be the ultimate arbiter on whether to end a human

The way the death penalty process starts is with the type of crime committed, and the decision being reached by a court that the crime is punishable by death. Once the offender has been sentenced to the death penalty they are given the opportunity for an appeal or are mandated to appeal depending on the state. Offenders can appeal the decisions of the court on state and federal levels in an effort to change their death sentence and with the average time on death row being a decade death penalty inmates have more than enough time to pursue appeals. Although, if the offender is to be executed it will be done humanely by means lethal injection unless the offender chooses another state approved method of execution. The death penalty is not cruel and unusual punishment the offender goes through a process that sentences them and immediately gives the time and opportunity to appeal and if executed the right to not be

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.”

Another issue that was discussed is the inequality of death penalty in practice. There have been serious issues with racial discrimination. For reference in cases with white victims and black defendants convictions occurred twenty two percent of the time while with black victims and white defendants with percentage dropped to a measly three

Is the death penalty cruel and unusual punishment? I think that this can be explained through the way the inmates are executed. Firing squad, lethal injection, hanging, gas chamber, and electrocution are