Dealth Penalty Essay, Research Paper

DEATH Punishment

The tribunals places of the decease punishment has changed over the old ages. For centuries societies have used decease as the ultimate punishment for offense. In the 1960 & # 8217 ; s, the tribunal ruled against the decease punishment as a & # 8220 ; cruel and unusual penalty & # 8221 ; , which was forbidden by the 8th amendment of the Constitution. By the 1990 & # 8217 ; s the decease punishment was once more in broad usage supported by the tribunal and Congress, which continually expanded by statute law the offenses for which decease would be an acceptable punishment.

Supreme Court instances that have felt the decease punishment was unconstitutional include Roberts vs. Louisiana and Furman vs. Georgia. Roberts vs. Louisiana, ( 1976 ) was a instance that tried Robert, who robbed a shop in Louisiana. During the robbery, Robert shooting and killed an on responsibility constabulary officer. He was convicted of first degree slaying and was sentenced to decease. He appealed and his instance went to the Supreme Court. The Supreme Court & # 8217 ; s determination was that it was unconstitutional for everyone convicted of slaying to be sentenced to decease.

The most of import instance that ruled the decease punishment unconstitutional is Furman vs. Georgia, 1972. The U.S. Supreme Court, in a bulk of five to four, ruled that the decease punishment was & # 8220 ; cruel and unusual & # 8221 ; and therefore violated the 8th amendment. Justice Brennen thought the decease punishment was & # 8220 ; cruel and unusual in all instances, a denial of the executed individual & # 8217 ; s humanity, and unambiguously degrading to human self-respect & # 8221 ; ( The American Heritage History of the Bill of Rights, P. 93. ) .

Historically talking when the Eighth Amendment was written Capitol Punishment was a fact of American life and continued to be so. The Supreme Court handed down on July 2, 1976 in Gregg V. Georgia a landmark instance clear uping the Eighth Amendment. ? In this instance the Court approved a new Georgia legislative act that set out in item assorted worsening and extenuating fortunes that would warrant the infliction of the Capitol Penalty. These fortunes included air trade hijacking ; lese majesty ; slaying for hire ; slaying of a judicial officer, police officer, or fireman in line of responsibility ; and slaying by a individual with a old record of violent offense. This determination made it clear that the justnesss did non see the decease punishment per say to be? cruel and unusual puni

shment? in the sense intended by the constitution. ? ( Davis, 196-197 ) . The justnesss reaffirmed what an indifferent historical and legal analysis would uncover every clip that our sires were non against Capitol Punishment but against the misapplication of penalty conveying about unfairness.

Philosophically talking there is a unusual turn in logic to name Capitol Punishment inhuman or cruel. The inhumaneness and inhuman treatment was the offense that called for capitol effects. The cold act was performed by the felon in slaying non on the condemnable through capitol penalty. It can be argued that if one were to mandate a life sentence for a liquidator that it is barbarous and inhumane to expose inmates, guards and counsellors to a volatile felon. In fact there are many instances of liquidators killing guiltless victims while incarcerated. Be it barbarous and inhumane to prolong the life of such a condemnable so that he was given farther chance to transport out his evil ways?

? The worth of the person is so great that the highest punishment should be attached to those who tamper with the life of even one man. ? ( Geisler, 248 ) . Capitol Punishment has been practiced since the beginning of recorded history in the greatest civilizations from Athens in Greece to Rome in Italy. Unfortunately the maltreatment of capitol penalty throughout history is besides good documented. But abuse in any merely and good attack does non warrant extinguishing the pattern. Doctors make fatal errors and so do politicians but these errors do non reason for making off with the pattern of medical specialty or authorities. Capitol Punishment should non be performed on anyone who has non been given due procedure of jurisprudence and whose guilt is non beyond all sensible uncertainty. Therefore Capitol Punishment does non in any manner violate the Eighth Amendment.

Bibliography

Work CITED

Buronelli, Vincent. The American Heritage History of the Bill of Rights:

The Eighth Amendment. GallinHouse Press, Inc. 1991.

Davis, John Jefferson. Evangelical Ethical motives. Presbyterian and Reformed Printing

Co. 1985.

Geisler, Norman L. Ethical motives: Options and Issues. Academy Books. 1971.

Kelogg, William O. American History: The Easy Way. Second Edition.

Barron & # 8217 ; s Educational Series Inc. 1995.