Cruel And Unusual Punishment example essay topic

Capital Punishment is Not Only Unusual, But Cruel The most widely known aspect of the eighth amendment is the fact that it prohibits cruel and unusual punishment. Cruel and unusual punishment is perceived as punishment that causes "an unnecessary and wanton infliction of pain" (Bailey). Is capital punishment cruel and unusual? It is one of the most controversial topics in America today. In effect since the 1600's, the US Supreme Court ruled that the death penalty was "cruel and unusual" in 1972 but reversed this decision when a 'cleaner' way to bring about death was found in 1976 (Encarta). This 'cleaner' way is death by lethal injection, which is quick and painless if administered correctly.

Capital punishment is used for many different reasons and has been enforced in many different methods through the years, for "when crime mounts in the US, the demand for punishment also increases" (Rottenberg 569). Is it right for us to be able to kill another human being who breaks the law? Why don't we just use life imprisonment instead? There are so many moral issues surrounding capital punishment and whether or not it is a cruel and unusual form of punishment.

Few of these generalizations remain very clear, no matter what the situation. I personally believe the death penalty should be considered cruel and unusual based on three reasons, current racial issues and report findings, personal opinions on punishment standards, and my religious beliefs. Since capital punishment has been reinstituted, the issue has been a major discussion in the media and among the American public. Along with the discussions, questions have arisen on whether the death penalty is a racist punishment. A 1990 report released by the federal government's General Accounting Office found a 'pattern of evidence indicating racial disparities in the charging, sentencing and imposition of the death penalty' (Bailey). After reviewing over 2,500 homicide cases and sentencing patterns in Georgia in the 1970's, the report concluded that a person accused of killing a white was 4.3 times more likely to be sentenced to death than a person accused of killing a black.

The Stanford Law Review published a study that found similar patterns of racial despair, based on the race of the victim, in Arkansas, Florida, Georgia, Illinois, Mississippi, North Carolina, Oklahoma and Virginia. For example, in Arkansas findings showed that defendants in a case involving a white victim are three-and-a-half times more likely to be sentenced to death; in Illinois, four times; in North Carolina, 4.4 times, and in Mississippi five times more likely to be sentenced to death than defendants convicted of murdering blacks (Bailey). Secondly, I believe the execution methods the death penalty utilizes make it cruel. In the US, there are five methods of execution currently in use.

These methods are: electrocution, lethal injection, the gas chamber, the firing squad (used only in Utah), and hanging (Bailey). Problems with capital punishment methods stem as far back as the ritual itself. The eighth amendment, which is supposed to protect its citizens from torturous treatment and punishment at the hand of law enforcers, lets the enforcers inflict these methods which are cruel, slow and painful upon the person being executed. "Everyone who commits a crime is not committing a compulsive act" (Wasserstrom 573) and therefore, we should not act impulsively towards them. The punishment should not be grossly out of proportion to the severity of the crime charged, nor should it violate the convicted individual's dignity. Lastly, there is the aspect of my religion (Catholic) playing a factor in the capital punishment debate.

Many people point to the passage in Leviticus, which states that an eye for an eye is God's decree (Costanzo 592). However, Jesus Christ overturns these Old Testament laws. Given is an example on why I believe the bible does not support the death penalty; 'You have heard that it was said, 'An eye for an eye and a tooth for a tooth. ' But Is ay to you, do not resist an evildoer. But if anyone strikes you on the right cheek, turn the other also; and if anyone wants to sue you and take your coat, give your cloak as well; and if anyone forces you to go one mile, go also the second mile. ' Capital punishment is a power that no man or woman deserves to make for another human being.

The Constitution clearly states that everybody deserves, 'life, liberty, and the pursuit of happiness,' and the Bible says you should turn the other cheek. But if you kill that person how can any of this be attained? Capital punishment is just plain wrong and has no place in today " society. The death penalty is a punishment that will remain active for a longtime in the future, even with all the criticism.

It is an ancient way of dealing with extremely serious offenses that plague our country today. It is impossible to find a right or wrong answer. Everyone sees it differently and each individual must decide for himself if capital punishment is the right answer or not. Since every person has there own opinion on this topic, either for or against, the question is raised: 'Is it morally right?' The number of problems with the death penalty are enormous, ranging from racism to cruel methods, and these problems will never be resolved unless the death penalty is forever seen as unconstitutional in the eyes of the eighth amendment.

Bibliography

Bailey, Erik. 'Murder, Capital Punishment, and Deterrence's alon. com 24 Aug 1997 web Mark.
Just Revenge". Elements of Argument. Ed. Annette T. Rottenberg. Boston: Bedford / St. Martin's, 2000.
592-601. Rottenberg, Annette. "Punishment". Elements of Argument. Ed. Annette T. Rottenberg. Boston: Bedford / St. Martin's, 2000.
569-570. Wasserstrom, Richard. "Punishment vs. Rehabilitation". Elements of Argument. Ed. Annette T. Rottenberg. Boston: Bedford / St. Martin's, 2000.
570-579. Williams, Mary. "Capital Punishment". Microsoft Encarta Encyclopedia. CD-ROM. New York: Microsoft, 1998.