THE DEATH PENALTY 3
The Death Penalty and Its Justification under the Constitution One of the biggest topics up for political discussion today is the death penalty. For years people have tried to argue whether or not the death penalty is actually justified under the United States Constitution. One side argues that it clearly does go against the Constitution on the basis of the Eight Amendment, while the other side argues on behalf of the Fifth and Fourteenth Amendments. Although the death penalty was once the major way of dealing with people who had committed crimes, most countries in the world today have gotten rid of the death penalty …show more content…
From large crimes such as murder to small petty crimes like stealing a loaf of bread. However as we started progressing towards the modern era, the death penalty was only used for certain occasions when it came to committing crimes, specifically murder ("Origins Of Capital Punishment," n.d.). From the beginning of time to the middle ages, the methods to which the death penalty was carried out were incredibly violent. One of the earliest forms of executions was stoning, which entailed throwing massive boulders at a criminal …show more content…
Gregg tried appealing his case to the Georgia Supreme Court but they upheld the jury’s original decision. Finally Gregg appealed to the United States Supreme Court led by chief justice Burger ("GREGG v. GEORGIA," n.d.). Gregg argued that his death sentence went against the Eighth Amendment right to avoid punishment that is cruel and unusual. The Burger court decided that the death penalty didn’t go against cruel and unusual punishment in a seven to two decision ("GREGG v. GEORGIA," n.d.). The court ruled that if the defendant is being convicted of a crime such as the murder of another person, then the death penalty is clear and fair punishment for the defendant ("GREGG v. GEORGIA," n.d.). This case was one of the last times that the United States death penalty was really challenged. Although some states have chosen to abolish it within their state, on a national level it has yet to be seriously challenged since Gregg v. Patrick case in 1976 ("Death Penalty," n.d.). The court’s decision set a precedent for capital punishment in the United States showing that it will never be
The Death Penalty and Its Justification under the Constitution One of the biggest topics up for political discussion today is the death penalty. For years people have tried to argue whether or not the death penalty is actually justified under the United States Constitution. One side argues that it clearly does go against the Constitution on the basis of the Eight Amendment, while the other side argues on behalf of the Fifth and Fourteenth Amendments. Although the death penalty was once the major way of dealing with people who had committed crimes, most countries in the world today have gotten rid of the death penalty …show more content…
From large crimes such as murder to small petty crimes like stealing a loaf of bread. However as we started progressing towards the modern era, the death penalty was only used for certain occasions when it came to committing crimes, specifically murder ("Origins Of Capital Punishment," n.d.). From the beginning of time to the middle ages, the methods to which the death penalty was carried out were incredibly violent. One of the earliest forms of executions was stoning, which entailed throwing massive boulders at a criminal …show more content…
Gregg tried appealing his case to the Georgia Supreme Court but they upheld the jury’s original decision. Finally Gregg appealed to the United States Supreme Court led by chief justice Burger ("GREGG v. GEORGIA," n.d.). Gregg argued that his death sentence went against the Eighth Amendment right to avoid punishment that is cruel and unusual. The Burger court decided that the death penalty didn’t go against cruel and unusual punishment in a seven to two decision ("GREGG v. GEORGIA," n.d.). The court ruled that if the defendant is being convicted of a crime such as the murder of another person, then the death penalty is clear and fair punishment for the defendant ("GREGG v. GEORGIA," n.d.). This case was one of the last times that the United States death penalty was really challenged. Although some states have chosen to abolish it within their state, on a national level it has yet to be seriously challenged since Gregg v. Patrick case in 1976 ("Death Penalty," n.d.). The court’s decision set a precedent for capital punishment in the United States showing that it will never be