In 1972, the Supreme Court place a ban on the death penalty all fifty states. The court recognized that the system allowed for cruel and unusual punishment, and ruled that until the system was amended, there would be no executions in the United States. Even though the death penalty has since been reinstated in many states, the court created criteria to define "cruel and unusual punishment". It would be defined as "degrading to human dignity", "arbitrary", "rejected throughout society", and "unnecessary" (Furman)(Cruel). Capital punishment fits this criteria and should be considered cruel and unusual punishment.
In regards to the justice system, the state must exercise control in the administration of punishment. The state has the power to enact justice with harsh punishments, but must not implement a sentence which is unnecessary. The Supreme Court has determined that no defendant may be put to death unless the sentence is necessary. The death penalty however, is …show more content…
The justice system is far too complex to support the death penalty, and discrimination creates arbitrariness in sentencing. The racial discrimination is well-documented and has led many to question the legitimacy of the death penalty. The now famous study by David Baldus showed that black defendants are executed two and a half times more often than white defendants. Furthermore, while there is an equal amount of white homicide victims as black, four out of five defendants executed had a white victim (Dow). The entire system is patently unfair, and it is best explained by criminologist Rachel King who states, "a death sentence is still much more likely to be determined by what kind of counsel you can afford, where you live and the color of your skin" (Arbitrary). Since the implementation of the death penalty is arbitrary and inconsistent, it is compatible with the definition of cruel and unusual
In regards to the justice system, the state must exercise control in the administration of punishment. The state has the power to enact justice with harsh punishments, but must not implement a sentence which is unnecessary. The Supreme Court has determined that no defendant may be put to death unless the sentence is necessary. The death penalty however, is …show more content…
The justice system is far too complex to support the death penalty, and discrimination creates arbitrariness in sentencing. The racial discrimination is well-documented and has led many to question the legitimacy of the death penalty. The now famous study by David Baldus showed that black defendants are executed two and a half times more often than white defendants. Furthermore, while there is an equal amount of white homicide victims as black, four out of five defendants executed had a white victim (Dow). The entire system is patently unfair, and it is best explained by criminologist Rachel King who states, "a death sentence is still much more likely to be determined by what kind of counsel you can afford, where you live and the color of your skin" (Arbitrary). Since the implementation of the death penalty is arbitrary and inconsistent, it is compatible with the definition of cruel and unusual