Essay death penalty cruel unusual punishment

William Delaney Certified Educator It occurs to me that it might not be necessary to start with a thesis for or against the death penalty after all.

Essay death penalty cruel unusual punishment

A Contemporary Perspective by Bryan A. Burr lost the election, and he blamed Hamilton, so he challenged Hamilton to a duel. Dueling continued in the United States until the midth century. Burr was never prosecuted for the murder of Hamilton.

Today, dueling is deemed unconscionable. No American leader could credibly support dueling as an acceptable method for resolving conflicts.

Death penalty cruel unusual punishment essay

It is hard for us now to understand how the Framers of our Constitution could embrace such a misguided and barbaric practice. To become a great country, America needs its laws and basic constitutional principles to evolve as our understanding of human capacity and behavior deepens.

The greatness of our Constitution and America itself is dependent on how the Constitution is interpreted to ensure that all people are treated equally and fairly and have the same opportunity to exercise the rights to life, liberty, and the pursuit of happiness as the exclusive group of men who authored the Constitution.

As our notions of fairness, equality, and justice have evolved, so too must our interpretation of the Constitution. No provision of the Constitution enshrines this principle more clearly than the Eighth Amendment.

Read the full discussion here. This approach begs complex questions, such as who decides what is decent and what is cruel? Throughout its history, the Court has ruled that certain practices are unconstitutional or indecent even when such practices were popular.

Ending racial segregation in schools or restaurants and striking down bans on interracial marriage never could have been achieved by a popular vote in the American South.

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Black people were a political minority, and policies that denied their basic rights were extremely popular. Accordingly, progressives believe the Court must protect the disfavored, the unpopular, the minority groups who can expect no protection from officials elected by majority vote.

For progressives, what constitutes cruel punishment cannot be resolved by opinion polls or the popularity of the punishment. The legitimacy of a punishment must be assessed instead by evaluating whether it serves an appropriate and acceptable penological purpose.

In this respect, the Eighth Amendment does not merely prohibit barbaric punishments; it also bars disproportionate penalties. A sentence of life imprisonment without parole may be acceptable for some crimes, but it would violate the Constitution to condemn anyone to die in prison for shoplifting or simple marijuana possession.

For progressives, the constitutionality of a particular punishment cannot be evaluated in the abstract. The decency or legitimacy of a punishment can be assessed reliably only in context.

I believe that the question whether the death penalty violates the Eighth Amendment cannot be resolved by simply asking whether a person deserves to die for the crime he has committed.

I believe we must first ask whether we deserve to kill. If we have a death penalty that is applied in a racially discriminatory manner, where the race of the victim shapes who gets the death penalty and who does not; if we have a death penalty that is imposed not on the rich and guilty but on the poor and innocent; if we execute people with methods that are torturous and inhumane, then we have a death penalty that violates the Eighth Amendment.

Since the modern era of capital punishment in the United States began in the s, people have been proven innocent after being sentenced to death.

Essay death penalty cruel unusual punishment

We have executed more than people during the same time period. For every nine people executed, one innocent person has been exonerated. For progressives, this is an unacceptably high rate of error:The criminal justice essay on death penalty is cruel and unusual punishment summarized above is a great example of the essays we handle.

You can find many more on this blog or alternatively you can request us to custom write one for you at a small fee. "The death penalty is not one of the 'cruel and unusual punishments' prohibited by the Eight Amendment." (Winters 12). Capital Punishment has been around since the beginning of time as has the controversy surrounding it.

Death Penalty Persuasive Essay | Shannon Rafferty E-Portfolio

4/5(4). -Cesare Beccaria's essay, On Crimes and Punishment, the death penalty was eliminated for over of the crimes punishable by death. (Randa, ) The Death Penalty in America. in the early s, it was suggested that the death penalty was a "cruel and unusual" punishment, and therefore unconstitutional under the Eighth.

The Death Penalty is Cruel and Unusual Punishment - We kill people to show them killing is wrong. The death penalty does not punish people for killing but for murdering someone. Murder is "the unlawful, malicious, or permitted killing of .

The Death Penalty is Cruel and Unusual Punishment Essay - The Death Penalty is Cruel and Unusual Punishment The Eight Amendment of the United States says, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”.

The Death Penalty is Cruel and Unusual Punishment Essay - The Death Penalty is Cruel and Unusual Punishment The Eight Amendment of the United States says, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”.

Capital Punishment:Cruel and Unusual | Teen Ink