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Essay / Research Paper Abstract
This 4-page paper examines capital punishment and whether it's constitutional. Taking a cue from the eighth amendment (which prohibits cruel and unusual punishment), the paper determines if capital punishment falls under this jurisdiction. Bibliography lists 3 sources.
Page Count:
4 pages (~225 words per page)
File: D0_MTcapcon.rtf
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Unformatted sample text from the term paper:
in the Bible several times as an "eye for an eye," and cultures have basically sought revenge from the killing of one tribal member through killing of another.
These days, things have not changed too much -- vengeance for murder is still strong. However, in the U.S., repaying death through death (also
known as "capital punishment") is done through the legal system. However, ever since capital punishment was initiated, there have been problems in terms of its constitutionality.
This then begs the question -- is the death penalty constitutional? This has been a question that Supreme Court Justices have wrestled with for ages. The
main constitutional question in terms of capital punishment is found in the Eight Amendment, which basically discusses the concept of "cruel and unusual punishment (FindLaw, 2004). At one point, it
could be argued that the death penalty was "cruel" (as it was carried out through hangings and electrocutions, neither of which are very pretty ways to die). But more recently,
some convicts on Death Row have attempted to prove that lethal injection can also be considered cruel (although this complaint hasnt gotten very far).
During the 1970s, the case of Furman vs. Georgia pretty much wiped out the constitutionality of capital punishment when the Supreme Court held that Georgias death penalty statute
was unconstitutional (Fitzpatrick, 1995). For one thing, it was noted that the administration of capital punishment and proven to be "arbitrary and capricious" (Fitzpatrick, 1995). For another, according to Justice
Thurgood Marshall, capital punishment was unacceptable because it was excessive and "an informed citizenry would find it morally unacceptable" (Fitzpatrick, 1995). Still,
...