Capital Punishment Is Not Only Unusual, But Cruel
Essay by 24 • August 26, 2010 • 959 Words (4 Pages) • 1,870 Views
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 1600s, 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 1970s, 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,
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