We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

The Death Penalty in the United States - Research Paper Example

Comments (0)
Summary
The Death Penalty in the United States Instructor name Date Punishment for crimes that are considered cruel and unusual is prohibited by the Eighth Amendment to the U.S. Constitution. This amendment is frequently invoked when speaking of the legal merits regarding the death penalty…
Download full paper
GRAB THE BEST PAPER
The Death Penalty in the United States
Read TextPreview

Extract of sample
The Death Penalty in the United States

Download file to see previous pages... Opponents also assert that the practice is overtly costly and racially biased while not realizing the intended outcome. Proponents think it is neither cruel nor unusual, quite the opposite, they think it fair and just. The objective of this study is to discuss the moral and legal concerns that literally are a life and death issue and is a key barometer when measuring a cultures collective conscience. The ‘eye for an eye’ faction not only accepts but insists that the death penalty be sustained and has supporting rational to back up their argument which will be covered comprehensively in this discussion. It will also take into account the opponents’ reasoning concerning why it should be eliminated along with the legal precedents concerned in an effort to achieve a comprehensive view of the capital punishment debate. Legal speaking, capital punishment is not unusual, by definition, unless one acknowledges the racial bias that exists throughout the justice system. The law cannot define whether it is cruel or not. Cruelty can be defined only by the collective social conscious of a society. The legal interpretation of the combined ‘cruel and unusual’ is open to debate, to some extent but the general usage of the word ‘cruel’ refers to vicious punishments that cause extreme pain. Most legal scholars agree that punishments that include body dismemberment or torture are unquestionably classified as cruel. The term torture was evidently open for debate during the past decade but the word means essentially the same universally; causing unwanted physical or mental anguish. The word ‘unusual’ is normally understood to mean going beyond what is an equitable application of punishment for an offense. For instance, if ten people were ticketed for a traffic violation and judge fined nine of them $150 but one was charged $1500, this punishment would be considered ‘unusual.’ Taken together in the phrase, ‘prohibiting cruel and unusual punishment’ signifies that the penalty should be apportioned equitably according to the specific offense committed. A ‘life’ prison sentence is an acceptable punishment but not if this punishment was imposed for jaywalking, that would be an obviously unacceptable sentence imposition because it is considered excessive and extreme given the nature of the offense. Excessive is a term that is also open to broad interpretation in both the legal and public realm. Some would contend, for example, that any amount of time imposed for ‘crimes’ such as the possession of drugs, prostitution and gambling should be interpreted as excessive consequently ‘unusual.’ The Supreme Court has on many occasions judged the merits of the death penalty and this action is interpreted as punishment which is cruel and unusual by the Constitution. The Court has consistently ruled the language of the Eighth Amendment does not prohibit the death sentence as punishment. The Constitution was meant to be and is a malleable document, however. The judicial interpretation of the Eighth Amendment has evolved to some extent throughout the years. Therefore the Court could potentially reverse this standpoint at a future time as result of changing societal values. For instance, whipping convicted criminals was routine until the late Eighteenth Century. This practice is now considered to be inappropriate because society’s attitude changed to define it as a ‘cruel’ punishment. With respect to capital punishment, however, “ ...Download file to see next pagesRead More
Comments (0)
Click to create a comment
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
The Benefits of Death Penalty
The recent report entitled “Death Sentences and Executions 2010” has revealed that “at least 2024 new death sentences were known to have been imposed in 67 countries in 2010”. For the countries that continue to support capital punishment contends that “they are acting responsibly not only in their countries but also with international law.
11 Pages(2750 words)Research Paper
The Effectiveness of the Death Penalty
This paper will show with the aid of studies and comparisons of cities and states that there are better and more meaningful solutions to the crime question, which the death penalty is not necessarily part of. This paper will explore the facets of ineffectiveness of death penalty. The state will have lost its moral right to punish killers if it kills its own
46 Pages(11500 words)Research Paper
Death Penalty
Due to the nature of the death penalty, which involves one person being put to death by another, many people have doubted as to whether or not the death penalty is the most moralistic way to go about making a point. The death penalty has evolved immensely over time, but the intentions remain to be the same.
10 Pages(2500 words)Research Paper
The Death Penalty Should Be Abolished in the United States
Now imagine that, after your deflated vein has finally been fixed with the line, and chemicals start pouring into your body. You should be unconscious by this time, but somehow, due to the inexperience and ignorance of the personnel involved, you are simply paralyzed, not unconscious as actually intended.
7 Pages(1750 words)Research Paper
Has the death penalty in the United States run its course
Does the death penalty serve any purpose in our current judicial system? Criminal executions were first implemented in our society as a crime deterrent to ensure that the offenders cannot engage in future crimes but time has shown that cost, errors, and effectiveness have led many to believe there are alternatives available.
6 Pages(1500 words)Research Paper
I have chosen to look at the Death Penalty in America. Each state in the US has a different view on what is and what is not a ca
Herrmann (4) observes that in 2005, 94% of all executions were carried out by China, Saudi-Arabia, Iran and USA. USA is thus considered to be in the same league with terrorist nations in enforcing death penalties. Western countries have long abolished this practice.
8 Pages(2000 words)Research Paper
The Death Penalty in the United States
In America, execution is under the jurisdiction of the states hence some states such as Texas and New Jersey still impose death penalties while states such as New York, Alaska, Hawaii, Iowa have long abolished the practice. The death penalty debate has been in the limelight for a long time leading to abolishment and later revival of the practice in the US.
10 Pages(2500 words)Essay
Death Penalty
Examples of this are ritual human sacrifice, physical torture that is condemned by many nations worldwide and slavery that has been abandoned largely. Relics of these practices may go on, but those are anomalies that go on to underscore the facts that the world is turning against these evil practices.
5 Pages(1250 words)Research Paper
Death Penalty should be legalized
a stance regarding capital punishment that is basically a compromise between the nations that want its total abolition, the countries that are desirous of employing it for serious offenses, and the states that prefer it to be decided by the country involved (Evans). Subsequent
10 Pages(2500 words)Research Paper
Death Penalty in the United States
According to the paper, Death Penalty in the United States, Bessler, one of the foremost authorities on international law and human rights, examines the death penalty in the United States vis-à-vis the Eighth Amendment. Bessler argues, throughout the book, that the American death penalty is not only cruel but also unusual. 
4 Pages(1000 words)Assignment
Let us find you another Research Paper on topic The Death Penalty in the United States for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us