A study on capital punishment and the eight amendment

Why the era of capital punishment is ending By David Von Drehle The case of Dzhokhar Tsarnaev absorbed Americans as no death-penalty drama has in years. The saga of his crime and punishment began with the shocking bloodbath at the Boston Marathon, continued through the televised manhunt that paralyzed a major city and culminated in the death sentence handed down by a federal jury on May 15 after a two-phase trial. Support for capital punishment has sagged in recent years, but it remains strong in a situation like this, where the offense is so outrageous, the process so open, the defense so robust and guilt beyond dispute.

A study on capital punishment and the eight amendment

Death penalty and the eight amendment Essay, term paper, research paper: Law See all college papers and term papers on Law Free essays available online are good but they will not follow the guidelines of your particular writing assignment.

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While free essays can be traced by Turnitin plagiarism detection programour custom written essays will pass any plagiarism test. Our writing service will save you time and grade. Need a custom research paper on Law? Click here to buy a custom term paper. The expression "an eye for an eye, a tooth for a tooth" has taken on a whole new meaning.

Lately, murderers have been getting a punishment equal to their crime, death. Inexecutions in the United States were temporarily suspended to give the federal appellate courts time to decide whether or not the death penalty was unconstitutional.

According to the Eighth Amendment, "Excessive bail shall not be required, no excessive fines imposed, nor cruel or unusual punishments inflicted.

Inin the case of "Gregg versus Georgia" the Supreme Court ruled state death penalty laws were not unconstitutional. Presently in the United States the death penalty can only be used as punishment for intentional killing.

Still, the death penalty violates the Eighth Amendment and should be outlawed in the United States. Currently in the United States there are five methods used for executing criminals: When a person is sentenced to death by electrocution he strapped to a chair and electrodes are attached to his head and leg.

The amount of voltage is raised and lowered a few times and death is supposed to occur within three minutes. Three whole minutes with electricity flowing through someone"s body, while his flesh burns. Three minutes may not seem like a very long time, but to someone who is waiting for his body to die, three minutes can feel like an eternity.

Three minutes is the approximate time it takes for a person to die if everything goes right, but in some cases it takes longer for people to die. InJesse Tafero, a prisoner in Florida, remained conscious for four minutes while witnesses watched ashes fall from his head.

In Georgia init took nearly twenty minutes for Alpha Otis Stephens to die. The doctors had to wait six minutes to examine his body because it was too hot to touch. Stephens was still alive, so he was electrocuted for another two minutes.

When a person is executed in the gas chamber he is strapped to a chair in an airtight room. A cyanide pellet is dropped in sulfuric acid, which forms a lethal gas. The prisoner remains conscious for a few minutes while struggling to breath.

Fifty years ago, America was quick to condemn the Germans for persecuting Jew"s, but, today, in Americans execute their own people the exact same way. Lethal injection is the newest form of execution in the United States. The person being executed is injected with a deadly dose of barbiturates through an intravenous tube in his arm.

This method is considered the most humane and efficient way of execution, but a federal judge noted that "a slight error in dosage or administration can leave a prisoner conscious but paralyzed while dying, a sentient witness of his or her own asphyxiation.

In one case it took 24 minutes to kill a criminal because the tube leaked and sprayed the chemicals towards the witnesses.

Intoo weak a dosage of drugs caused Stephen McCoy to choke and heave for several minutes before he died. Hanging used to be the most common way to execute a person, but now it is only used in Delaware, Montana, New Hampshire, and Washington. Hanging is not a very useful way of execution, because if the drop is too short the person being executed dies through gradual strangulation and if the rope is too long the person"s head is ripped off.

Eighth Amendment | Constitution | US Law | LII / Legal Information Institute

There is no punishment more unusual then having your head ripped off, so the death penalty is in direct violation with the Constitution.

When someone is executed by a firing squad he is strapped to a chair and has a target attached to his chest. Then five marksmen aim for the target and fire.

Having people being paid to shot at a target on someone"s chest is not only cruel, but humiliating for the person being executed. The death penalty by itself is a cruel and unusual punishment, but the treatment of prisoners before being executed is also cruel and unusual.A recent study, conducted after the enactment of the post-Furman statutes, has confirmed that the American people know little about the death penalty, and that the opinions of an informed public would differ significantly from those of a public unaware of the consequences and effects of the death penalty.

A study on capital punishment and the eight amendment

Amendment VIII: Cruel and Unusual Punishment “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” In a speech before the Virginia House of Burgesses, Patrick Henry stated: “I have but one lamp by which my feet are guided; and that is .

Capital Punishment and the Eighth Amendment: Furman and Gregg in Retrospect* Franklin E. Zimring** and Gordon Hawkins*** This Article, part of a book in progress, examines the opinions of the.

Capital punishment is a legal penalty in the United States, currently used by 31 states, the federal government, and the military. Its existence can be traced to the beginning of the American colonies. The United States is the only Western country currently applying the death penalty.

It is one of 54 countries worldwide applying it, and was the first to . Still, the death penalty violates the Eighth Amendment and should be outlawed in the United States. Currently in the United States there are five methods used for executing criminals: the electric chair, gas chamber, lethal injection, hanging, and firing squad, each .

And now, with the recent botched executions, people are starting to question, once again, if the death penalty violates the Eighth Amendment’s ban on cruel and unusual punishment. Who’s For It? Currently the death penalty is legal in the federal government, the military, and 32 states.

Capital Punishment