The Death Penalty and the Eighth Amendment

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The Death Penalty and the Eighth Amendment The Eighth Amendment of the Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments. The U.S. Supreme Court ruled that the Cruel and Unusual Punishment Clause applies to the states. Cruel and unusual punishment is defined as such punishment as would amount to torture or barbarity, any cruel and degrading punishment, or any fine, confinement, or treatment that is disproportionate to the offense as to shock the moral sense of the community. I don’t believe that the death penalty violates the eighth amendment because just because an execution method may result in pain, it does not establish the sort of risk or harm that qualifies as cruel and unusual punishment. Whenever a method of execution has been challenged as cruel and unusual, the Supreme Court has rejected it. In more recent years, the Supreme Court has ruled that it is unconstitutional to execute someone with mental retardation, or someone who committed crimes as a juvenile. There are five methods of execution authorized in the United States; hanging, firing squad, electrocution, lethal gas, and lethal injection. Hanging is allowed in both New Hampshire and Washington. Death by firing squad is allowed in Idaho, Oklahoma, and inmates in Utah who chose the option before legislation passed in March 2004. Electrocution has been ruled as cruel and unusual punishment by some states, but it is still an option in 10 states. Lethal gas is currently an option in only five states. Lethal injection is the most common method of execution, and is provided by 36 states, as well as the US government and military. There have been many people who have claimed that lethal injection violates the eighth amendment. With lethal injection, three drugs are administered, the first renders the inmate to be

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