8th Amendment Essay
Introduction: The purpose of this paper will be to examine the extent in which capital punishment is allowed in the United States. Since early colonial America, the death penalty has been a major issue of debate among the public. Highly contested topics, beginning with the questionable morality of such a punishment and growing into more sophisticated arguments relating to the Eighth Amendment and race, have led to numerous United States Supreme Court cases looking to determine the extent in which capital punishment could be used in the United States. Beginning with the history of capital punishment, this paper will explore the Supreme Court cases, which have addressed issues such as whether the death penalty violates the Eighth Amendment.
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Georgia case that the death penalty did, in fact, not violate the Eighth Amendment and therefore was constitutional.6 However, the Supreme Court began to put major restrictions on the death penalty by implementing procedures such as requiring that there be separate trials for conviction of a capital crime and for determining a punishment. In addition the Courts placed a mandatory appellate review of both the conviction and punishment7. Still a part of the American penal system to this day, the death penalty remains a controversial issue that continually faces various …show more content…
However, it is quite possible that within the near future, the Supreme Court would no longer have to hear cases about the death penalty as states around the country are beginning to abolish the system entirely. Regardless, until such a time, the Supreme Court will continue to hear cases and fine tune a system that still needs some work.
Works Cited
2 Tex. Wesleyan L. Rev. 45. (Summer, 1995 ): 24793 words. . Web. Date Accessed: 2012/04/08.
39 Am. J. Crim. L. 147. (Fall, 2011 ): 16798 words. . Web. Date Accessed: 2012/04/08.
4 Crim. L. Brief 23. (Summer, 2009): 9511 words. LexisNexis Academic. Web. Date Accessed: 2012/04/08.
53 DePaul L. Rev. 1591. (Summer, 2004 ): 10728 words. . Web. Date Accessed: 2012/04/08.
Office of the Clark County Prosecuting Attorney. "Capital Punishment
Timeline."Welcome to the Clark County Prosecuting Attorney 's Office. Office of the Clark County Prosecuting Attorney. Web. 3 Apr. 2012.
"Part I: History of the Death Penalty." Death Penalty Information Center. Death Penalty Information Center. Web. 29 Mar.
Georgia case that the death penalty did, in fact, not violate the Eighth Amendment and therefore was constitutional.6 However, the Supreme Court began to put major restrictions on the death penalty by implementing procedures such as requiring that there be separate trials for conviction of a capital crime and for determining a punishment. In addition the Courts placed a mandatory appellate review of both the conviction and punishment7. Still a part of the American penal system to this day, the death penalty remains a controversial issue that continually faces various …show more content…
However, it is quite possible that within the near future, the Supreme Court would no longer have to hear cases about the death penalty as states around the country are beginning to abolish the system entirely. Regardless, until such a time, the Supreme Court will continue to hear cases and fine tune a system that still needs some work.
Works Cited
2 Tex. Wesleyan L. Rev. 45. (Summer, 1995 ): 24793 words. . Web. Date Accessed: 2012/04/08.
39 Am. J. Crim. L. 147. (Fall, 2011 ): 16798 words. . Web. Date Accessed: 2012/04/08.
4 Crim. L. Brief 23. (Summer, 2009): 9511 words. LexisNexis Academic. Web. Date Accessed: 2012/04/08.
53 DePaul L. Rev. 1591. (Summer, 2004 ): 10728 words. . Web. Date Accessed: 2012/04/08.
Office of the Clark County Prosecuting Attorney. "Capital Punishment
Timeline."Welcome to the Clark County Prosecuting Attorney 's Office. Office of the Clark County Prosecuting Attorney. Web. 3 Apr. 2012.
"Part I: History of the Death Penalty." Death Penalty Information Center. Death Penalty Information Center. Web. 29 Mar.