Eighth Amendment Term Papers

Eighth Amendment term papers focus on the United States Constitution which specifies that no punishment for a crime may be “cruel and unusual”.  Since the ratification of this amendment there has existed extensive debate regarding what was considered, “cruel and unusual” by Americans in relation to the death penalty.  This is, however, not the only issue that has concerned United States citizens when considering the debate over capital punishment.  Many factors have devided the national opinion repeatedly; and now our country is focusing on the issue with great concern once again.  

A constitutional problem with the death penalty is determining what is "cruel and unusual punishment" which is prohibited by the Eighth Amendment. Many believe that capital punishment per se is cruel and unusual. Interestingly, 80 percent of the population does not. The Supreme Court, as a non-partisan, non-elected body, has a duty to disregard public opinion and rule on the merits of the statute. Unfortunately, interpretations of cruel and unusual punishment also vary among justices.  Therefore, determining whether a statute violates the Eighth Amendment is subject to varying interpretations.  

Such as Justice Antonin Scalia belief that capital punishment is constitutional.  The issue is more complex than one may think at first glance.  The main problem being that there are two irreconcilable differences as handed down by judges and juries.  After the ruling of 1972 stating that capital crime is permissible to heinous crimes, there were several rulings stating that judges and juries must have unlimited power to extend mercy to criminals during sentencing.  It is the latter that has no historical or textual support, as Justice Scalia states, “they are the product of just such ‘intelectual, moral, and personal’ perceptions”.  Overall, Justice Scalia states that indeed the death penalty is constitutional and the “the Court’s Eighth Amendment jurisprudence” based on no historical fact or textual fact should not prevent the sentencing of the death penalty because it is unconstitutional.  

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Custom Eighth Amendment Term Papers

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