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Cruel and Unusual. The End of the Eighth Amendment - Dissertation Example

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Crime is a universal phenomenon, and awarding punishment is nothing but justice done to the crime committed. Dayan asks a question, ‘how has it been interpreted’? He is confused with the strategies applied in punishing the slaves like ‘whipping with the strap’ and pulling out the flesh from the body. With the Amendment in power, legal punishment came into existence, prohibiting “cruel and unusual punishment” (Dayan). The concept of such safeguarding Rights appeared during the reign of William and Mary, and this was later adapted by American colonists in their principle. Pathetic life condition of the slaves and prisoners result in shedding tears, and it is reported rightly; “let us not forget the needs of the slaves” (Dayan). Surprisingly, their basic necessity that he intended was none other than their “personal security”. Although, the Amendment could not defend them for centuries, it got succeeded for a short span of time. But later, the following generation could not accept the ideology of being merciful and generous as the Amendment protects such rights of a salve or a prisoner. Many of the rulers, regions, and courts condemned such rights of the prisoner. They enjoyed certain privileges and rights, “but not the rights of free men” (Dayan). ...
The time is knocking at the door of realization and enlightenment. Do they have not the right of reconciliation and transformation? Will this cruel punishment remain as an ultimate solution to the crimes committed? As human being, a rational

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Cruel and Unusual. The End of the Eighth Amendment
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animal should get an opportunity to transform himself from the bondage of sin and slavery. Therefore giving a second chance can definitely have positive change in him. Imposing greater punishments and pain will have a negative impact on the society, although its merits are not negligible. This can have adverse effects on the society making people to live under the fear of punishment and control. In such cases, political movements can be challenged as they involve in many illegal activities. When keeping footsteps in to a new scenario, it remains a controversial topic to be discussed. Looking at various aspects of life, it is difficult to come to a conclusion; on the one side, increased crime rates while on the other, advanced and broad thinking capacity of man. As death penalty falls in to the category of ‘cruel and unusual punishment’, it is crystal clear that we have not welcomed many changes. No wonder, punishments are mandatory in order to establish peace and harmony in the society but going away from the focus of such aspects cannot be entertained. As every good deed attains a merit or reward, the punishment is the reward for the offence. In the present society, attitude of people is reasonably different as they make a liberal approach towards legal system and consider prime value for human life, the utmost creation. As society is convinced of the fact that human has the tendency to fall, but the world that condemns the crime not the criminal. Though certain crimes deserve severe

Summary

“Cruel and Unusual: The end of Eighth Amendment” Joan Dayan analyzes the severity of pain suffered by convicts throughout their period of confinement and a relief brought to them in the form Eighth Amendment. The Amendment was approved and included in Bill of Rights in 1791 as part of the US Constitution…
Cruel and Unusual. The End of the Eighth Amendment
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