Does The Death Penalty Violate Eighth Amendment Essay

Length: 2 pages Sources: 2 Subject: Law Type: Essay Paper: #98046987 Related Topics: Capital Punishment, Eighth Amendment, Lethal Injection, Supreme Court

Excerpt from Essay :

The most notable provision of the Eighth Amendment to the Constitution is the prohibition against “cruel and unusual punishments.” Several arguments waged against the death penalty invoke the Eighth Amendment and claim that capital punishment is both cruel and unusual. However, the Supreme Court has heard several such cases and consistently upholds the constitutional legality of the death penalty on Eighth Amendment grounds, as with Gregg v. Georgia, 428 U.S. 153, (1976). The death penalty cannot be considered much if at all crueler than a life term in prison, and when the death penalty is proportional to a crime, it is by no means unusual. Therefore, the death penalty is not a violation of the Eighth Amendment, as long as it is restricted for use in response to capital crimes unequivocally committed by mentally capable adults. The Supreme Court has also created limitations on the use of the death penalty, restricting its use and methods to ensure that it is administered judiciously. For one, the death penalty must be administered in a way that reduces or eliminates cruelty. Lethal injection has become the go-to method for administering the death penalty because this method...


The reason why lethal injection has become the de facto method of state sanctioned killing is that it involves three different drugs, the first of which is a general anasthetic called sodium pentothal, which is used commonly in surgery. The sodium pentothal renders the person unconscious, so that the paralytic drug like Pancuronium Bromide can stop the person’s respiratory functions from working, and a third drug, Potassium Chloride stops the beating of the heart. Although a few states (Delaware, Washington, and New Hampshire) still allow hangings as a government issued form of capital punishment, lethal injection remains the primary method throughout all states that continue to use the death penalty. In fact, three states (Mississippi, Oklahoma, and Utah) still allow for firing squads, and 11 states including California have a gas chamber method. Nine states, including Alabama, Arkansas, Florida, Kentucky, Mississippi, Oklahoma, South Carolina, Tennessee, and Virginia still use the electric chair. However, all states have lethal injection as the primary method.

The death penalty has generally been restricted to mentally capable adults, although for the majority of American history it was a punishment issued far more liberally. In 2002, the Courts ultimately ruled against the use of…

Sources Used in Documents:


Cornell Law School Legal Information Institute (2017). Death penalty. Retrieved online:

Death Penalty Information Center (2017). Methods of execution. Retrieved online:

“Is the Death Penalty Unconstitutional?” (n.d.). ProCon. Retrieved online:

Cite this Document:

"Does The Death Penalty Violate Eighth Amendment" (2017, September 17) Retrieved June 3, 2023, from

"Does The Death Penalty Violate Eighth Amendment" 17 September 2017. Web.3 June. 2023. <>

"Does The Death Penalty Violate Eighth Amendment", 17 September 2017, Accessed.3 June. 2023,

Related Documents
Death Penalty Is a Subject
Words: 1251 Length: 5 Pages Topic: Criminal Justice Paper #: 58652234

The Eighth Amendment to the United States Constitution states that people convicted of crimes should not be subject to excessive bail or fines, and that authorities may not inflict 'cruel and unusual punishments' (Eighth Pp). Ratified in 1791 as part of the Bill of Rights, this amendment has been cited as an argument against capital punishment (Eighth Pp). In the 1972 United States Supreme Court case 'Furman vs. Georgia, three

Capital Punishment Death Penalty Is
Words: 3073 Length: 12 Pages Topic: Criminal Justice Paper #: 23699636

[DPIC] Similarly, many other researches were conducted but failed to offer any conclusive evidence as to the effectiveness of capital punishment in deterring crimes. The lack of consistency in these results presents a complex problem before us in evaluating the utilitarian value of death penalty. One more aspect to be considered under the utilitarian thought is the cost of executions. It is well-known that the legal cost of executions in

Capital Punishment Like Abortion, the Institution of
Words: 3156 Length: 9 Pages Topic: Criminal Justice Paper #: 93154957

Capital Punishment Like abortion, the institution of capital punishment is a very divisive topic. The line dividing the supporters and opponents of capital punishment is variably drawn across political philosophies, race, sex and religion. The Governor of Illinois, not long ago, declared a moratorium on death penalty cases in his state. This essay is dedicated to a presentation of facts about capital punishment, without delving into personal opinions in support or

Death Penalty the Debate Surrounding Capital Punishment
Words: 2353 Length: 8 Pages Topic: Criminal Justice Paper #: 92674485

Death Penalty The debate surrounding capital punishment is not as clear as one might think -- in fact, there is a great deal of gray within this debate. The actual definition is State controlled taking of a human life in response to some crime committed by a person who was legally convicted of that crime (Lacayo, 2009). Capital punishment has been part of human history, and currently 58 global nations actively

Death Penalty Do They Deserve to Die
Words: 2188 Length: 6 Pages Topic: Criminal Justice Paper #: 55383979

Death Penalty In the city of New Orleans, murder is an epidemic; one cannot watch a local news program or read a newspaper without hearing of another murder. The deaths and their attendant toll on families and loved ones are devastating, but the impact is not limited to the victims. Instead, this epidemic of murder impacts the entire community; the murders demonstrate a lack of respect for the value of

Death Penalty
Words: 2930 Length: 8 Pages Topic: Criminal Justice Paper #: 72920709

Regardless of social status, defendants who are poorly represented by their attorneys are more likely to receive death sentences than those who are zealously represented by counsel. (in Opposition to the Death Penalty: Arbitrariness and Discrimination, 2004). While death penalty opponents cite the fact that an Alabama woman whose attorney was so drunk during her trial that the trial judge held him in contempt had her death sentence upheld