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The cruel and usual punishment case laws and statutes have helped to define our current application of the law with respect to the 8th amendment.
George Cole (2006) emphasized cruel and unusual punishment includes death penalty, torture, inhuman and degrading punishment, and excessive fines and excessive deprivations. Such punishment is unpopular because it unnecessarily imposes excessive torment or embarrassment on the convicted criminals. Historically, the law makers of the English Bill of rights if 1689 coined the words cruel and usual punishment in its crafting of the English version of the bill of rights. William Schabas (2008) states the United Nations General Assembly included in its international bill of rights the phrase “No one shall be subjected to torture or to cruel, inhumn or degrading treatment or punishment” in Article 5 of its Universal Declaration of Human Rights in 1948. Following suit, the United States included the same provisions in it 1787 Amendment to the United States Constitution. In 2008, Greg Roza (2011) reiterated the United States Supreme Court ruled that cruel and usual punishment was meted by American soldiers when they use waterboarding to torture the Guantanamo Bay prisoners. Likewise, the American soldiers mistreated and forced the prisoners to participate in humiliating activities.
According to the Eight Amendment, the law preventing the implementation of cruel and unusual punishment was enforced to eliminate prior methods of punishments classified as cruel and unusual. For example, impalement was form of cruel and unusual punishment becauese the punishers should pierce the person’s body with a long killing tool. Here, the person would suffer a painful and slow death. This type of European and Asian punishment was popular during the time of Ivan the Terrible. Other forms of cruel and unusual punishment included drawing and quartering, embowelling alive, public dissecting, beheading, and burning alive [Wilkerson V. Utah, 99 U.S. 130, 135 (1878)]. The courts allowed electrocution to be excempt from the list of cruel and unusual punishment [In re Kemmler, 136 U.S. 436 (1890)]. Complaints about cruel and unusual punishment had been voiced in 1789. Back then, the bill rights proponents included the fight to eliminate cruel and unusual punishment. This is found in the Annals of Congress 754 (1789). English history laid the path to the inclusion of the “cruel and unsual punishment” clause in its 1689 bill of rights. This is shown in E.g., 2 J. Elliot, The Debates in the Several State Conventions on the Adoption of the Constitution 111 (2d ed 1836); 3 id.at 447 -52 (Ref: http://caselaw.lp.findlaw.com/data/constitution/amendment08/03.html#1). Likewise, the Supreme Court rulings include Granucci, “Nor Cruel and Unusual Punishments Inflicted”: The Original Meaning, 57 Calif. L. Rev. 839 (1969). The term without proportionality had been used by the Court in the case Weems v. United States, 217 U.S. 349 (1910). Greg Roensch (Roensch, 2007) agrees it is vague that the ``unusual'' can be included under the term cruelty Furman v. Georgia, 408 U.S. 238, 276 n.20 (1972) ( with Justice Brennan seeing eye to eye)], even though it may be significant in Weems, 217 U.S. at 377, and in Trop v. Dulles, 356 U.S. 86, 100 n. 32 (1958) (plurality opinion), and it was significant in the case of Harmelin v. Michigan, 501 U.S. 957, 994-95 (1991) (``severe, mandatory
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Lethal injection, which is the execution method of choice, is a controversial one, even though it is alleged to be more humane than other, more barbaric methods of death, such as electrocution. Proponents of the death penalty proclaim that lethal injection is too easy of a death, and older methods serve the ends of retribution better.
" needs to be answered. While the abolitionists oppose capital punishments on moral and human rights grounds, the proponents of capital punishments hold that there should be retributive justice in the nation. There are also researchers who hold that capital punishments act as the strongest deterrents that stand as warning boards to dreaded criminals.
In the US, however, this primeval way of punishing criminals is still alive and kicking what with the majority of the states having retained the measure. Often, death penalty cases find their way into the halls of the US Supreme Court by invoking unconstitutionality as a ground, particularly the “cruel and unusual” punishment clause of the 8th Amendment.
Thus, the government cannot infringe upon the freedom of its citizens to practice any religion of their choice through legislations that curtail such freedom or conduct search and seizures against any person that is suspected of committing a crime unless it is done so in accordance with the manner prescribed by laws.
Most of the modern societies practice the death penalty as a mode of punishment in the legal system. Recent statistics indicate that fifty eight countries in the present day practice it, while ninety seven others have abolished it from their systems (Pesto 7).
Simultaneous with the ratification of Amendment 2, nine other amendments were ratified on December 15, 1791. These are:
Amendment 2, together with the 10 other amendments, was probably considered very important
Hence, during the end of June 2008, referring to the case of the District of Columbia v. Heller, the Supreme Court of the United States issued its decision which later came to be attributed as the Second Amendment to the Constitution (Library of Congress, “United
The U.S constitution can in a nutshell be described as the supreme law of the land. Originally comprising of only seven articles, the U.S constitution of which the first three deal with the separation of powers. Here the federal government was to be divided into three branches, namely; the legislature, the executive and the judiciary.
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