Preview

Summary Of The Death Penalty Does Not Violate The Constitution By Anthony Scalia

Good Essays
Open Document
Open Document
285 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Summary Of The Death Penalty Does Not Violate The Constitution By Anthony Scalia
A third disputation of those who advocate capital punishment is that “it does not violate the US constitution.” One of these is Antonin Gregory Scalia, who was an Associate Justice of the Supreme Court of the United States from 1986 to 2016. In the article, “The Death Penalty Does Not Violate the US Constitution”, Scalia mentioned the Fifth and Eight Amendment to reject viewpoints of opponents who boycott capital punishment. The Fifth Amendment declares that “[n]o person shall be held to answer for a capital … crime, unless on a presentment or indictment of a Grand Jury … nor be deprived of life … without due process of law.” The Eight Amendment also bans the federal government from using cruel and unusual punishment. Scalia firmly proclaimed

You May Also Find These Documents Helpful

  • Good Essays

    The court previously establish that the death penalty was inappropriate for the crime of rape in Coker v. Georgia, 433 U.S. 584 (1977), or for those convicted of felony murder who neither themselves killed, attempted to kill, or intended to kill in Enmund v. Florida, 458 U.S. 782 (1982). The Court found that the Eighth Amendment forbids the imposition of the death penalty in these cases because legislatures had recently addressed the matter have rejected the death penalty for these offenders. Moreover, the Court defer the judgments of those bodies. The court ruled 6-3 that executing mentally retarded individuals violates the Eighth Amendment's ban on cruel and unusual punishments, but states can define who is mentally…

    • 844 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Antonin Scalia Summary

    • 512 Words
    • 3 Pages

    Throughout Antonin Scalia’s dissent opinion, he states that the way the court interprets the Affordable Care Act, is different to the way he interprets it. For instance, the interpretation of “exchange established by the state,” and the tax credits under code §36B differs between the court and Scalia.…

    • 512 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    17. What amendment is usually used to argue against the constitutionality of capital punishment? Violates the 8th amendment prohibitions against cruel and unusual punishment. Is the death penalty constitutional, according to the Supreme Court? Courts have not agreed with this argument but have many rulings regarding Capital punishment. Why was there previously a mortetorium on the imposition of the death penalty? How has capital punishment been restricted since 2000?…

    • 1277 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Is death the justification of a murder or are we merely subduing ourselves by performing the same heinous act? This argument had been debated for many decades and although some feel that death is the answer to a murder, there are others that find it completely barbaric. Through a careful analysis between Edward Koch's "Death and Justice" and David Bruck's "The Death Penalty", I believe Koch had the better argument in claiming that death is the justification of a murder. I feel that if someone were to kill another person, we have all rights to sentence them to a death penalty to guarantee such a horrific crime would not happen again.…

    • 564 Words
    • 3 Pages
    Good Essays
  • Better Essays

    When a person is found guilty of murder and they are given the death penalty, and later it is found that the person is innocent, you cannot correct it and bring them back to life. Is that justice? Every day in school we recite the pledge of allegiance and it states that we have justice for all but did Warren McCleskey receive the right justice? In the Preamble of the Constitution, the first thing it states is to establish justice. The Declaration of Independence states that all men are created equal and they have the rights to Life, Liberty, and the Pursuit of Happiness. Warren McCleskey received the death penalty after he was convicted of murder and the Supreme Court reviewed the case to figure out the proper sentence for Mr. McCleskey.…

    • 1049 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Does the death penalty violate the sixth and eighth amendment was a question that was asked, “Although there is substantial research about the nationwide operation of capital punishment, empirical research on Delaware’s death penalty is modest in amount”. The Delaware supreme court concluded that because the mercy statute” delegates to jury and judge uncontrolled discretion the imposition of the death penalty there is room for that caprice, whim, and discrimination in the imposition of the death penalty that now stands condemned by the United…

    • 311 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    Antonin Scalia is an American Associate Justice in the United States Supreme Court. He was appointed by President Ronald Regan in September 26, 1986 and preceded by William Rehnquist. He also sits as the longest serving justice on the court. Justice Scalia is well known for his dissents, where he uses a colorful style of writing when opposing his colleagues.…

    • 930 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    The death penalty is an extremely vital way of the criminal justice system. The punishment of death can help decrease crime rates. Also, this way of death can lessen the amount of criminals and give families closure. It gives closure because, the families now know that this person will never be able to hurt them or anyone else ever again. The death penalty is a very good way to end many troubles within the U.S.…

    • 849 Words
    • 4 Pages
    Good Essays
  • Better Essays

    In Alito’s opinion he says that there is two reasons why they affirm and accept the midazolam efficacy. The first reason is the inmates “failed to identify a known and available alternative method of execution that entails a lesser risk of pain, a requirement of all Eighth Amendment method-of execution claims” (Glossip v. Gross 576 US __ (2015)). The second reason mentioned by Alito was “the District Court did not commit clear error when it found that the prisoners failed to establish that Oklahoma’s use of a massive dose of midazolam in its execution protocol entails a substantial risk of severe pain” (Glossip v. Gross 576 US __ (2015)). In this Glossip v. Gross, a dissent written by Justice Breyer and later joined by Justice Ginsburg, made this case more notable. Elizabeth Franklin-Best, a journalist, stated that “the dissent calls for nothing less than full reconsideration of the constitutionality of the death penalty as a punishment, and it offers a veritable road map for challenges going forward” (Franklin-Best). Justice Breyer concluded in his dissent that the death penalty violates the Constitution considering the “given changes in the United States over the last 40 years and drawing on his own 20 years’ experience on the bench.” (Franklin-Best). Because the death penalty can be looked at as “unreliable”, Justice Breyer drew the conclusion that this qualifies it as a “cruel” punishment. Justice Breyer believes that…

    • 1915 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Justice Antonin Scalia has said in the past regarding abortion that there is nothing in the Constitution that mentions anything about a right to abortion. The Constitution simply states nothing about this issue. One possible way to fix whether there is a female right for women or not is to look at how most rights are created in a democratic society and then either amend the Constitution, or create a law. The Constitution cannot compromise, but a law can because the Constitution as Justice Scalia believed is a document that is meant to hinder and restrain from change. The Constitution is our supreme law of the land, and it is not and should not be meant to encourage or make change happen.…

    • 1828 Words
    • 8 Pages
    Good Essays
  • Satisfactory Essays

    In the constitution of the United States, the very documents that our nation is built upon, it is said that, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The Eighth Amendment to the U.S. Constitution, ratified in 1791, has three provisions” (Madison, 1778). Dzhokhar Tsarnaev would in turn later be sentenced to the death penalty for his crimes. However the questions still stand, is this the appropriate ruling? Or is capital punishment in violation of The Eighth Amendment? After all the killing and pain that he caused, the death penalty is nothing but the right punishment for a man so tarnished by evil. Tsarnaev does not stand alone in his crimes. Around the world and around our country people perform acts that should not be taken lightly, and should be punished heavily. Acts of terror, gruesome murders, rape, and a long list of other atrocious crimes should all be punishable by murder. While the system is not perfect, it is fixable and it is just. Justice is blind, but punishment…

    • 327 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Furman V. Georgia

    • 1561 Words
    • 7 Pages

    Georgia. Was capital punishment a violation of the 8th Amendment’s prohibition of cruel and unusual punishment? The majority of the Court deemed it was not since “Capital punishment accords with contemporary standards of decency, capital punishment may serve some deterrent or retributive purpose that is not degrading to human dignity, and in the case of the Georgia law under review, capital punishment is no longer arbitrarily applied” (Gregg v. Georgia, 1976, p. 1). The difference between this case and Furman v. Georgia is that previously the Court had ruled that the death penalty methods as administered back then were unconstitutional, not the actual idea of the death penalty…

    • 1561 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    The death penalty violates the eight Amendment of the United States Constitution that forbids cruel and unusual punishment. John M. Sheb and John M. Sheb II wrote in their book Criminal Law and Procedure that the eight amendment of the United States Constitution has been employed to limit the definition of crime. The authors mentioned the case of Robinson v. California where the Supreme Court, relying on the cruel and unusual punishment clause, found it unacceptable the state law that made crime the use of narcotics. The law was struck down because the Court determined that one couldn’t be punished merely for status without committing a criminal act (Sheb, 70-71). The Death penalty practices serve to be inconsistent with the fundamental laws and values in America’s democratic system.…

    • 691 Words
    • 3 Pages
    Good Essays
  • Good Essays

    8th Amendment Essay

    • 893 Words
    • 4 Pages

    The Eighth Amendment of the U.S. Constitution has generated a considerable amount of debate and controversy surrounding the question: what is considered “cruel and unusual punishment.” The important issue that develops from this amendment is whether or not the death penalty is constitutional. Over the decades, the Supreme Court fails to completely confront the issue by refusing to address any issue that falls outside of the case in question. As a result, today’s court is left with many specific instances where the death penalty is acceptable or unconstitutional, but not an overall principle that the death penalty is consistent or inconsistent with the Constitution. In Roper v. Simmons, seventeen year-old Christopher Simmons is tried as an adult…

    • 893 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The United States Constitution allows for some form of capital Punishment. Under the eighth Amendment no person shall and ever will be deprived of life without due process of the law. Over the past few centuries the words cruel and unusual punishment have changed. When legislators created the Eighth Amendment, they did this for no criminal to be treated as wrong as they treated their victim. The United States Constitution allows us to interpret that a man can be executed, but in the most humane possible. According to the article “ The Death Penalty Does Not Violate The U.S Constitution.” It says “The US Constitution specifically allows for the death penalty to be imposed as a criminal sanction, and democratically elected legislatures—not court…

    • 302 Words
    • 2 Pages
    Satisfactory Essays