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Essay / Research Paper Abstract
This 6 page paper establishes a definition of "cruel and unusual punishment" as punishment that is disproportionate to the crime; that involves physical suffering that could otherwise be alleviated; and that deprives the victim of his right to life, which is guaranteed under the Constitution. Bibliography lists 5 sources.
Page Count:
6 pages (~225 words per page)
File: D0_HVCruUnu.rtf
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Unformatted sample text from the term paper:
many such interpretations have been made. This paper establishes a definition of "cruel and unusual punishment" as punishment that is disproportionate to the crime; that involves physical suffering that could
otherwise be alleviated; and that deprives the victim of his right to life, which is guaranteed under the Constitution. The reasons for developing this thesis follow. Discussion Lets go back
to the basics. First, is punishment even necessary, and if so, why? We could argue that if we lived in a perfect society, there would be no crime, because the
things that lead to crime are absent. However, because we dont have such a society, we have what we consider perhaps the next best thing: a society of laws. That
is, we have passed, or allowed to be passed in our name, laws regulating our behavior. When we break those laws, we are punished accordingly. If the system is to
work at all, then punishment must follow lawbreaking, or the laws are meaningless and we might as well not have them at all. So punishment is necessary. But what sort
of punishment? And when does it become cruel and unusual? These questions are not easy to answer. One of the things that many sources have noted is that much of
the legislation enacted with regard to punishment is concerned with the method used, not with the fact that an individual is being punished in the first place. That is, we
would go pale if someone suggested disemboweling as a suitable punishment, but we tend, as a nation, to embrace the death penalty. Both lethal injection and disemboweling have the same
result: death. But we classify one as cruel and the other as legal. This suggests that there is some element of pain involved in coming to our understanding. That is,
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