Analysis Of Kill Capital Punishment By Janine Espino

Passed on September 25, 1789 and ratified on December 15, 1791 by Congress, the eighth amendment has been present in the United States for quite some time. Over time, the amendment has morphed and interpreted differently. In the Constitution it states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. In the 1990s, individuals referenced the eighth amendment when discussing capital punishment or the death penalty. Death sentences were most frequent during the 1900s, resulting in some individuals declaring that it went against the amendment (Source A).

New York Times (NYT) column-writer, conversely a certified lawyer, Adam Liptak, in his article, “Supreme Court Rejects Alabama Death Row Inmate’s Appeal”, describes how a death-row inmate from Alabama requests death by a firing squad as opposed to lethal injection, that contains the sedative midazolam, for his death sentence, but was rejected by the Supreme Court of the United States. Liptak’s purpose is to demonstrate that the Supreme Court’s decision to reject the appeal may have been unconstitutional due to the means of execution by lethal injection causing “prolonged torture” rather than a quick death due to midazolam, which disputes the eighth amendment in the Bill of Rights, the first ten amendments of the U.S. Constitution. Liptak develops

Execution is the act of carrying out of a sentence of death on a condemned person. This is carried out either by lethal injection or electrocution. Execution despite its barbaric nature has survived in many legal system and will continue to because it: reinforces a state of security of the general public, detters other individuals from committing such crimes, and enforces the concept of cause and effect within the legal system. In the text “The Penalty of Death” H.L. Mencken discusses not only why he supports executions, but also the ripple effects this action has on a society. While in a text entitled “Death Penalty,” Anna Quindlen discusses her objections to execution, because, as she states:”it consists of stooping to the level of the

The most important issue that must be addressed in this case is the principle of the “evolving standards of decency” and the uses of a national consensus. The “evolving standards of decency” were developed by Trop v. Dulles and have been implemented in one way or another in all of the precedents dealing with “cruel and unusual” punishment. It is important to treat these principles as an important aspect of “cruel and unusual” punishment jurisprudence, therefore turning from these set of principles would be foolish and a disregard for every precedent. However, it is important to acknowledge that each case satisfies the standards by using a different method; some use the presence or lack of state legislature as a judgment of consensus while others look at foreign countries.

Capital punishment, also known as the death penalty, and the debate about its abolition is the largest point of the essay written by Steve Earle, titled "A Death in Texas”. This form of punishment should be abolished for 3 reasons; First, It does not seem to have a direct effect on deterring murder rates, It has negative effects on society, and is inconsistent with American ideals. To begin, the death penalty is unnecessary since it is ineffective at deterring rates of murder. In fact, 88% of the country's top criminologists do not believe the death penalty acts as a deterrent to homicide, according to the Journal of Criminal Law and Criminology. In opposition, supporters may argue that it may indeed help to deter murder rates as they have

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

The Eight Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel, and unusual punishments inflicted. Previously the Eight Amendment was formed very differently from what we know today. The death penalty has been one of the most discussed topics since it first became a part of society. It is a constant disagreement to prove or challenge whether or not the death penalty is a cruel and unusual punishment which would then now go against the eighth amendment. The death penalty is a suitable sentence, while going through the history, and different methods.

To reiterate, the death penalty is a violation of the 8th Amendment of "cruel and unusual punishments"

These arguments can be supported and solidified by the cases of Andre Thomas and Anthony Graves. Those who wish to abolish the death penalty may begin by arguing that

Throughout In Cold Blood, Truman Capote hints at his own opinion of the death penalty, yet lets the readers decide for themselves what they believe Hickock and Smith's punishment should have been. When the murderers are being hanged, a conversation occurs between a reporter and an investigator about what it might feel like to be hanged: "'They don't feel nothing. Drop, snap, and that's it. They don't feel nothing.' ' Are you sure?

The history of capital punishment in America can be traced as far back as the early 17th century when George Kendall of Virginia was executed in 1608 for allegedly committing treason. Daniel Frank, also from Virginia, was executed in 1622 for theft. Whereas some English colonies (Virginia, Massachusetts, New York) were parochial in their application of the death penalty for crimes ranging from murder, sodomy, burglary, arson, rape and treason, others (South Jersey, Pennsylvania) were less so. By 1776, most of the colonies had roughly comparable death statutes with hanging being the usual sentence. Not until the Italian jurist Cesare Beccaria published On Crimes and Punishment in 1767 did the reform movement gain strength.

Supreme Court has redefined (along with not defining) the Eighth Amendment and “Cruel and Unusual Punishment”. Moreover, the court has intervened in many cases where the death penalty was applied injustice. The Cruel and unusual punishment doctrine has not been well developed. The Supreme Court’s primary concentration has been on the word “cruel” when determining what punishments are prohibited.

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.

Rough Draft Is the death penalty an effective and justified punishment? This is a topic many Americans have discussed for a long time, and has caused much controversy. Both sides have their pros and cons, and they will be discussed. The first point that many people have about capital punishment is that it’s unconstitutional.

Annotated Bibliography Draft Student name : Haider Zafaryab Student number: 2360526 Thesis Statement : Capital Punishment is a very controversial topic around the globe. I believe that it does more harm than good and breeds violence in society. Source 1: Radelet, M. L., & Akers, R. L. (1996).