The Death Penalty Is Unconstitutional - 1758 Words

1. What year and in what case did the US Supreme Court decide that the administration of the death penalty was unconstitutional? Provide a compelling statement form the opinion in this case. 1972, Furman v. Georgia. The opinion said, â€Å"[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.† 2. Highlight three procedural facts related to the death penalty outlined by Bedau in the second essay. The Supreme Court ruled that the mandatory death penalty was unconstitutional in 1976. By the 1950s, it was not uncommon for both state and federal appellate courts to review a defendant’s capital conviction. In recent†¦show more content†¦In other words, the government should minimize suffering. Therefore, the Minimum Invasion argument would stand against the use death penalty. Opponents of this argument claim that sometimes things are not equal and the criminal may deserve more than a minimal punishment, deserving, in fact, the death penalty. 8. Provide an argument for retribution and one against (citing the essayist for each side from the text). Louis P. Pojman provides an argument for retribution as he states, â€Å"The moral justification of punishment is not vengeance, but desert. Vengeance signifies inflicting harm on the offender out of anger because of what he has done. Retribution is the rationally supported theory that the criminal deserves a punishment fitting the gravity of his crime† (p. 57). Therefore, retribution is not based on hatred for the criminal, but is the belief that the criminal deserves to be punished in proportion to his crime, whether or not the victim or anyone else desires it. Retribution, as explained by Louis Pojman, supports the death penalty as it proposes that those who have taken a life deserve to lose their own life. Hugo Adam Bedau provides an argument against retribution as he states, â€Å"Retribution does not yield a coherent and comprehensive system of punishment† (p. 42). Beau argues that the principle by itself does not provide a defense for the death penalty; it is fully satisfied by a lesserShow MoreRelatedCapital Punishment Of The United States961 Words   |  4 Pagescrimes are subject to facing the death penalty. Pickens shares, â€Å"Capital crimes are considered to be treason or terrorist attacks against the government, crimes against property when life is threatened, and crimes against a person that may include murder, assault, and robbery.† Dating back to 1608, the execution of George Kendall is believed to be one of the first recorded cases of capital punishment in the United States (Pickens). Kendall was sentenced to death for aiding the Spanish, which wasRead MoreThe Death Penalty And The Supreme Court1747 Words   |  7 PagesThe Death Penalty and the Suprem e Court The death penalty is a controversial topic that has been brought to the United States Supreme Court many times. According to the Oxford dictionary, the death penalty is the punishment of execution, administered to someone legally convicted of a capital crime . Usually the death penalty is administered for murder, attempted murder, or intent to kill. It started off being administered by hanging, but then evolved to the electric chair and is now administeredRead MoreThe Death Penalty Should Not Be Legal1740 Words   |  7 PagesThe death penalty is a controversial topic that has been brought to the United States Supreme Court many times. According to the Oxford dictionary, the death penalty is the punishment of execution, administered to someone legally convicted of a capital crime . Usually the death penalty is administered for murder, attempted murder, or intent to kill. It started off being administered by hanging, but then evolved to the electric chair and is now administered thro ugh lethal injection. From 1940 to 2014Read MoreSocietyS Impact Pertaining To Juveniles And Death Penalty.1448 Words   |  6 PagesSociety s Impact Pertaining to Juveniles and Death Penalty The juvenile death penalty and in turn the death penalty are a much-debated topic. Society has conflicting views on the two topics, and these views have impacted the laws concerning the death penalty and juvenile death penalty. Eventually, societal views have made changes to both issues over time. The Death Penalty The death penalty is â€Å"death as a punishment given by court of law for very serious crimes. It is also referred to as capitalRead MoreDebate on the Death Penalty in America1482 Words   |  6 Pagesthat Simmons was guilty of first degree murder and he was sentenced to death. Later court decision concluded that because he was a minor when he committed the murder he could not be justly given the death penalty. The final sentence was life in prison with no bail and no parole. (Bessler, 12-16 ) The excerpt above is from the book, Cruel and Unusual. It later states in this book that if Simmons had received the death penalty then that would have violated his eighth and fourteenth amendment rightsRead MoreConstitutionality of the Death Penalty1485 Words   |  6 Pageswas that Simmons was guilty of first degree murder and was sentenced to death. Later court decisions decided that because he was a minor when he committed the murder he could not be justly put to death. In the cas e the final sentence was life in prison with no bail and no parole. (Bessler, 12-16 ) The excerpt above is from the book Cruel and Unusual. It later states in this book that if Simmons had received the death penalty then that would have violated his eighth and fourteenth amendment rightsRead MoreCapital Punishment Should Be Banned1515 Words   |  7 Pagesduring the famous Salem Witch Trials. These days the use of the death penalty has become an anachronism. In recent times has capital punishment become a place for argument to those supporting and those opposing the death penalty. Capital punishment should be federally banned for its inconsistencies in proving to be a deterrent to crime for targeting people of color and for being unconstitutional. It has been thought that the death penalty would inevitably discourage people from committing feloniousRead MoreCapital Punishment Research Paper1425 Words   |  6 Pagesjustice system is a complicated area of government; not all states enforce the death penalty, because criminal punishment is a subject left for the states to decide (Banner, 2002). There are multiple methods of execution available to enforce the death penalty; different states enforce different methods, even multiple methods (Death Penalty Information Center, 2010). There are some people that argue the death penalty is a form of cruel and unusual punishment and should be prohibited by the constitutionRead MoreEssay about 8th Amendment1153 Words   |  5 PagesThe Eighth Amendment The 8th Amendment to the Constitution of the United States prohibits cruel and unusual punishment, as well as the setting of excessive bail or the imposition of excessive fines. However, it has also been deemed unconstitutional by the Supreme Court of the United States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances. The 8th Amendment stipulates that bail shall notRead MoreEssay about The Eighth Amendment1138 Words   |  5 PagesThe 8th Amendment to the Constitution of the United States prohibits cruel and unusual punishment, as well as the setting of excessive bail or the imposition of excessive fines. However, it has also been deemed unconstitutional by the Supreme Court of the United States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances. nbsp;nbsp;nbsp;nbsp;nbsp;The 8th Amendment stipulates