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  • Essay / Capital punishment is not only unusual, but cruel

    Capital punishment is not only unusual, but cruelThe most well-known aspect of the Eighth Amendment is that it prohibits cruel and unusual punishment. Cruel and unusual punishment is seen as punishment that causes “unnecessary and wanton pain” (Bailey). Is capital punishment cruel and unusual? It is one of the most controversial topics in the United States today. In effect since the 1600s, the United States Supreme Court ruled that the death penalty was "cruel and unusual" in 1972, but overturned that decision when a "cleaner" way to cause death was found in 1976 (Encarta). This "cleaner" method is death by lethal injection, which is quick and painless if administered correctly. Capital punishment is used for many different reasons and has been applied in different ways over the years, because "when crime increases in the United States, so does the demand for punishment" (Rottenberg 569). Is it fair that we can kill another human being who breaks the law? Why not resort to life imprisonment? There are so many moral questions surrounding capital punishment and whether or not it is a cruel and unusual form of punishment. Few of these generalizations remain very clear, whatever the situation. I personally believe that the death penalty should be considered cruel and unusual based on three reasons, current racial issues and the report's findings, personal views on punishment standards, and my religious beliefs. Since capital punishment was reinstated, the issue has been the subject of major debate in the media and among the American public. Alongside the discussions, questions were raised about whether the death penalty is a racist punishment. A 1990 report released by the federal GeneralAccounting Office found “a body of evidence indicating racial disparities in charging, sentencing, and imposition of the death penalty” (Bailey). After examining more than 2,500 homicide cases and sentencing patterns in Georgia in the 1970s, the report concluded that a person accused of murdering a white person was 4.3 times more likely to be sentenced to dead than a person accused of murdering a black man. 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...... in the middle of the 'article ...... raised: "Is this morally true?" The number of problems with the death penalty is enormous, ranging from racism to cruel methods, and these problems will never be resolved unless the death penalty is forever considered unconstitutional in the eyes of the Eighth Amendment. Works Cited Bailey, Erik. “Murder, capital punishment and deterrence” Salon.com August 24, 1997 Costanzo, Marc. “Just revenge.” Elements of argument. Ed. Annette T. Rottenberg. Boston: Bedford/St. Martin's, 2000. 592-601. Rottenberg, Annette. "Punishment." Elements of argument. Ed. Annette T. Rottenberg. Boston: Bedford/St. Martin's, 2000. 569-570. Wasserstrom, Richard. “Punishment versus rehabilitation.” Elements of argument. Ed. Annette T. Rottenberg. Boston: Bedford/St. Martin, 2000. 570-579. Williams, Mary. "Death penalty." Microsoft Encarta Encyclopedia.CD-ROM. New York: Microsoft, 1998.