Capital Punishment Against Cruel And Unusual Punishment

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Capital punishment to many is a way one can punish an individual through all of the crime committed in his or her life. The definition of “punishment” has always been a blurry line between the two standpoints. For instance, when dealing with the legal system, the Supreme Court ruled that the death penalty is not in violation of the constitution because the punishment is in balanced with the offense (LII 1992, 1). For this reason, many will argue that Capital punishment does not abridge the 8th amendment right against cruel and unusual punishment. It was as well noted that unless it fits the four main principles on cruel and unusual punishment, then it is not unconstitutional. These four criteria include, whether it is degrading human dignity, …show more content…
Because lethal shortage is considered quick and painless, it does not degrade the inmate’s dignity. Another example is the necessary aspect of deterrence, preventing one from committing horrendous offenses. One may believe the principle of whether the punishment was unnecessary will fall under deterrence and its significance to society. Many individuals remain in the standpoint on the Death penalty’s constitutionality, and how it does not violate the eighth amendment clause. On the contrary, however, capital punishment is in violation of the constitution due to an individual’s life being exterminated through force. Inmates who are facing death row are reaching a fate where their life is seized from existence. In contrast to the death penalty allowing the inmate to die with dignity, lethal injection is not guaranteed effective. For instance, California’s technique of lethal injection had the risk of an inmate suffering extreme pain (Economist 2014, 2). If the death sentencing contains immense pain, the punishment should be considered cruel and …show more content…
One side views the expense for death penalty is less than sentencing an inmate to life in prison. For instance, Justice for All (JFA) states, LWOP cases will cost on estimate $1.2 million to $3.6 million more than similar death penalty cases (Sharp 1997, 1). Overtime cost to incapacitate an inmate will cost more than execution. In addition, incarcerating an inmate for life will as well worsen the overcrowding in prison cells. For example, due to overcrowding, there is a lack of space and resources, while requiring a prisoner to be provided a cell, food, clothing, and extra guard time (Messerli 2016, 1). If the death penalty is abolished and inmates are sentenced to life in prison without parole, prison overcrowding will increase rapidly. However, although there will be an increase in prisoners, the cost will be less than to execute an inmate. When a prisoner follows the proceedings to be sentenced to death, the cost is greater than a trial for a life sentence in prison. A study found that death penalty trials on average cost 48% more than life imprisonment trials (DPIC 2016, 9). A termination of the death penalty can lead towards less costly expenses when incapacitating inmates. The court process as well tends to add up on costs due to several factors, including attorneys, juries, motions, etc. To illustrate, a

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