Constitutional Conflict of the Dealth Penalty Essay

The death penalty was established as a form of punishment as far back as the 1600's. There are many controversial issue's in our world today whether it goes against our civil rights or not. As of today there are thirty-two states who still allow the death penalty and seven states who have completely abolished it ( Norton,W.W.& Company, Inc 115.) Even though the use of the execution has gradually decreased, there have still been many cases in the past years that states have still used it. At one point there was a time the Supreme Court ruled the death penalty unconstitutional, but after a couple years the court allowed states to bring back the death penalty. The courts have struck down many laws where states have tried making it mandatory in

The eighth Amendment states that the government is prohibited from cruel and unusual punishment. The death penalty is a complete violation of this amendment. Every one, guilty or innocent has the right to live freely, and the government taking away this simplicity of rights, is unconstitutional.

In this paper I shall argue that capital punishment is immoral. In Furman v. Georgia we find a landmark case in which the legality of capital punishment is exposed. Judges Stewart, White, and Douglas found the death penalty to be immoral given the arbitrary forces involved. ("Furman v. Georgia") They believed this was causing a higher number of minorities specifically blacks to be subjected to

1972, Furman v. Georgia. The opinion said, “[t]he Court holds that the imposition and carrying out of the death penalty in these cases constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments.”

Death penalty violates the eighth constitutional amendment. Death is both unusually severe punishments, unusual in pain, in its enormity and its finality. It does not serve as a penal purpose effectively but a less severe punishment. The constitutional infirmity in the death punishment is that it treats human race members as nonhumans and as objects that need to be toyed with and discarded. It is thus not in consistent with the fundamental premise of the Clause that even the criminal who is the vilest still remain a human being possessed of common human dignity. Death penalty, therefore, subjects human beings to a fate that is forbidden by the principle of civilized treatment that is guaranteed by the clause. It is, therefore, clear that according to this clause, death today is cruel and unusual

The 8th amendment of the United States Constitution states that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Specifically, the idea of cruel and unusual punishment has been a topic of dispute since its inception. Although the United States practiced execution as a punishment beforehand, “the Supreme Court did not address the death penalty issue until 1972.” It is often debated how we are to define cruel and unusual because of the vague nature of the terms. Because it is thought that the terms were kept vague in order to keep up with new forms of cruel and unusual punishment that would come into being after the constitution was written, the standards for determining what is cruel and unusual has been set by “evolving standards of decency that mark the progress of a maturing society” meaning that it changes depending on what our society deems decent or indecent at the time. The problem is that our society has always been split on this issue. Whether it involves the death penalty or the quality of prisoner confinement, some hold the opinion that these people deserve to be treated as less than human because of the crimes they have committed. Others vehemently disagree saying that everyone, no matter what they’ve done, deserves to be treated as humanely as possible. Those of this opinion are generally opposed to the death penalty. For future interpretation of this facet of our constitution, the cruel and

The death penalty is a legal punishment practiced worldwide, which includes execution being the punishment, mandated to someone convicted of a crime. The death penalty has existed since 1700 B.C. when the Code of Hammurabi was a legal document in ancient Babylonia. Ever since the Code of Hammurabi many countries have adopted this punishment including the United States. When European settlers came to America, Americans obtained the death penalty. During the establishment of the Constitution, framers continued the custom which led to the eighth amendment. “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb… nor be deprived of life, liberty, or property, without due process of law…” (Constitution 1).

The death penalty has been around since the time of Jesus Christ. Executions have been recorded from the 1600s to present times. From about 1620, the executions by year increased in the US. It has been a steady increase up until the 1930s; later the death penalty dropped to zero in the 1970s and then again rose steadily. US citizens said that the death penalty was unconstitutional because it was believed that it was "cruel and unusual" punishment (Kurtis 67). In the 1970s, the executions by year dropped between zero and one then started to rise again in the 1980s. In the year 2000, there were nearly one hundred executions in the US (Biskupic 34). On June 29, 1972, the death penalty was suspended because the existing laws were no longer convincing. However, four years after this occurred, several cases came about in Georgia, Florida, and Texas where lawyers wanted the death penalty. This set new laws in these states and later the Supreme Court decided that the death penalty was constitutional under the Eighth Amendment (Biskupic 34).

The Constitution has ruled the death penalty itself as being unconstitutional, but it allowed states to make their own laws regarding it. As the United States

Capital punishment in the United States is becoming more and more of a topic of conversation and controversy; eighteen states have outlawed the death penalty and the governors of three other states declaring a moratorium, meaning they will not sign executions during their time in office (Lovett). The national trend of banning the death penalty should definitely continue. Many criminals on death row are exonerated, making it an unreliable system of punishment. Also, capital punishment is not used equally in cases. The death penalty can also be considered cruel and unusual punishment, which is against the 8th Amendment of the Constitution of the United States. The death penalty should be abolished because it is not the right way to deal with

Capital punishment is one of the most popularly debated topics in the nation today. Since colonial times, more than 13,000 people have been legally executed. A large percentage of these executions occurred during the early 1900's. In the 1930's, as many as 150 people were being legally executed every year. However, the number of executions started to decrease as public outrage became apparent. In 1996, thirty-seven states, including New Jersey, legalized the death penalty. Of the other thirteen states, Michigan abolished the death penalty in 1847, Minnesota in 1853, and Alaska and Hawaii never had the death penalty. Today, there are over 2,000 people on "death row." Almost all are very

The 1972 Supreme Court ruling of William Henry Furman vs. Georgia eliminates arbitrary and discrimination effects. Thus, conceivably satisfies the Eighth and Fourteenth Amendments to the United States Constitution. While Troy Leon Gregg v. State of Georgia; Charles William Proffitt v. State of Florida; Jerry Lane Jurek v. State of Texas; James Tyrone Woodson, et al. v. State of North Carolina; Roberts, et al. v. Louisiana argues the “"wantonly and freakishly” cruel and unusual punishment in which the jurors imposed in the Troy Leon Gregg v. State of Georgia subject the offender to. The decision ruled on the necessity for a degree of reliability in the solicitation of the death penalty. This case law led and establish de facto moratorium on capital punishment. It is the judgement that, “No longer can a jury wantonly and freakishly impose the death sentence; it is always circumscribed by the legislative guidelines.” Thus, the violations human rights, racial, ethics, and social bias. In addition, the death penalty challenges the morality, constitution, deterrence, irreversible mistakes, costs and expenses associated with capital punishment should be left to the

There have been 1466 executions in the United States since 1976. This was the year that the supreme court reinstated the death penalty. They maintained that is was constitutional under the 8th amendment. The death penalty has been around since the beginning of the United States. Although there have been many debates and changes made the death penalty is still used today. The death penalty should stay legal. It should be used for only the most terrible crimes. If there is no serious punishment for serious crimes people are more likely to commit them.

As American developed into its own super power in the world they began voicing their opinions on how capital punishment should be approached, making executions censored to the public in hopes to stop the dehumanizing effect public executions were having on the American population. In 1972, after the Furman v. Georgia case, the United States government added the 8th amendment to the U.S. Constitution which struck down all capital punishment statutes in the United States. The death penalty remained illegal in the United States until 1976, following the Gregg v. Georgia trial. In 1976 20 states reinstated statutes reinstating the death penalty. With the Gregg v. Georgia trial there came conditions to what justified capital punishment. These conditions became known as aggravating circumstances under Georgia law, and in 1976 they were adopted by the US Supreme Court for all capital punishment cases. These cases built the way to today’s death penalty and capital punishment laws.

In 1879, the United States Supreme Court ruled, by a vote of 9-0, that execution by firing squad was not cruel and unusual punishment under the Eighth Amendment of the Constitution. This began a long debate on whether or not a government reserves the right to punish those who have taken a life by taking their lives. There are many reasons as to why someone would be against capital punishment: it is not our right as humans to play God, it is against the constitution, the threat of capital punishment is not a valid deterrent, it is morally corrupt to take a life. All of these points are valid, and they represent the mindset of millions of Americans; however, capital punishment is a valuable asset to be reserved for only “the most heinous murders and the most brutal and conscienceless murderers” (Alice).