Death Penalty And The Eight Amendment Essay

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The look? an oculus for an oculus, a tooth for a tooth? has taken on a whole new significance. Recently, liquidators have been acquiring a penalty equal to their offense, decease. In 1967, executings in the United States were temporarily suspended to give the federal appellate tribunals clip to make up one’s mind whether or non the decease punishment was unconstitutional. Then, in 1972, the United States Supreme Court ruled in the instance of? Furman versus Georgia? that the decease punishment violated the Eight Amendments. Harmonizing to the Eighth Amendment, ? Excessive bond shall non be required, no inordinate mulcts imposed, nor cruel or unusual penalties inflicted. ? After the Supreme Court made this opinion, provinces reviewed their decease punishment Torahs. In 1976, in the instance of? Gregg versus Georgia? the Supreme Court ruled province decease punishment Torahs were non unconstitutional. Soon in the United States the decease punishment can merely be used as penalty for knowing violent death. Still, the decease punishment violates the Eighth Amendment and should be outlawed in the United States.

Presently in the United States there are five methods used for put to deathing felons: the electric chair, gas chamber, deadly injection, hanging, and firing squad, each of them every bit barbarous and unusual in there ain ways.

When a individual is sentenced to decease by burning he strapped to a chair and electrodes are attached to his caput and leg. The sum of electromotive force is raised and lowered a few times and decease is supposed to happen within three proceedingss. Three whole proceedingss with electricity fluxing through person? s organic structure, while his flesh Burnss. Three proceedingss may non look like a really long clip, but to person who is waiting for his organic structure to decease, three proceedingss can experience like an infinity.

Three proceedingss is the approximative clip it takes for a individual to decease if everything goes right, but in some instances it takes longer for people to decease. In 1990, Jesse Tafero, a captive in Florida, remained witting for four proceedingss while informants watched ashes autumn from his caput. In Georgia in 1984, it took about 20 proceedingss for Alpha Otis Stephens to decease. At 12:18 am on December 12, he was shocked with electricity for two proceedingss, and his organic structure still showed marks of life. The physicians had to wait six proceedingss to analyze his organic structure because it was excessively hot to touch. Stephens was still alive, so he was electrocuted for another two proceedingss. Finally at 12:37 am physicians pronounced him dead.

When a individual is executed in the gas chamber he is strapped to a chair in an air-tight room. A cyanide pellet is dropped in sulphuric acid, which forms a deadly gas. The captive remains witting for a few proceedingss while fighting to breath. These gas Chamberss are similar to the 1s used by the Nazi? s in World War II concentration cantonments. Fifty old ages ago, America was speedy to reprobate the Germans for oppressing Jew? s, but, today, in 1996 Americans execute their ain people the exact same manner.

Lethal injection is the newest signifier of executing in the United States. The individual being executed is injected with a deathly dosage of barbiturates through an endovenous tubing in his arm. This method is considered the most humanist and efficient manner of executing, but a federal justice noted that? a little mistake in dose or disposal can go forth a captive witting but paralytic while deceasing, a animate informant of his or her ain asphyxiation. ? Since 1985 there have been thre

vitamin E botched injections in Texas entirely. In one instance it took 24 proceedingss to kill a condemnable because the tubing leaked and sprayed the chemicals towards the informants. In 1989, excessively weak a dose of drugs caused Stephen McCoy to choke and heave for several proceedingss before he died.

Hanging used to be the most common manner to put to death a individual, but now it is merely used in Delaware, Montana, New Hampshire, and Washington. Hanging is non a really utile manner of executing, because if the bead is excessively short the individual being executed dies through gradual choking and if the rope is excessively long the individual? s caput is ripped away. There is no penalty more unusual so holding your caput ripped off, so the decease punishment is in direct misdemeanor with the Constitution.

When person is executed by a fire squad he is strapped to a chair and has a mark attached to his thorax. Then five sharpshooters purpose for the mark and fire. Having people being paid to hit at a mark on person? s thorax is non merely barbarous, but mortifying for the individual being executed.

The decease punishment by itself is a cruel and unusual penalty, but the intervention of captives before being executed is besides barbarous and unusual. In August 1995 Robert Breechen was scheduled to be executed in Oklahoma. He attempted to perpetrate self-destruction, but governments revived him, so executed him hours subsequently. In Illinois last November, the province gave decease row inmate John del Vecchio two bosom surgeries and so executed him in December. Richard Town? s executing in Virginia was delayed for 20 two proceedingss while they looked for a vena to shoot.

The decease punishment is the ultimate signifier of penalty, because there is no manner to change by reversal its effects. It will stop up taking the lives of guiltless victims every bit long as there is mistake in the justness system. The decease punishment contradicts the whole thought of human rights. Human rights are important because? some agencies may ne’er be used to protect society because their usage violates the values that make society worth protecting. ?

? From this twenty-four hours frontward, I no longer shall putter with the machinery of decease & # 8230 ; .I experience morally and intellectually obligated merely to profess that the decease punishment experiment has failed. It is virtually axiomatic to me now that no combination of procedural regulations or substantial ordinances of all time can salvage the decease punishment from its built-in constitutional deficiencies. ? & # 8212 ; Justice Harry Blackmun.

Supporters of the decease punishment believe that the decease punishment helps maintain the offense and slaying rate down, but that is non so. States with decease punishment Torahs do non hold lower offense or rates than provinces that with decease punishment Torahs. Besides, by imprisoning felons for life, alternatively of put to deathing them, it makes them believe about what they did and coerce them to populate with the effects of their actions.

The decease punishment violates our constitutional rights and should be made illegal. It straight contradicts the Eighth Amendment, which forbids? cruel and unusual punishment. ? If the decease punishment is non? cruel and unusual penalty? so what is? Is there perchance anything more barbarous so deceasing a slow decease while take a breathing in deadly exhausts, or anything more unusual so watching people who are paid to hit at the mark on your thorax? The Bill of Rights was established to protect the rights of the people and now Americans are taking away these rights from their ain countrymen.

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