Does capital punishment equate to cruel and unusual punishment - Essay Example

Capital Punishment as a cruel and unusual punishment The controversies regarding capital punishments in the United s assumed newer dimensions with the Eighth amendment that guarded the citizens against cruel and unusual punishment. However, the question whether capital punishment equates to "cruel and unusual punishment?" needs to be answered. While the abolitionists oppose capital punishments on moral and human rights grounds, the proponents of capital punishments hold that there should be retributive justice in the nation.

There are also researchers who hold that capital punishments act as the strongest deterrents that stand as warning boards to dreaded criminals. This paper is an attempt to identify whether capital punishments can be regarded as cruel and unusual punishments which should be prohibited in the nation. It is essential to consider the Supreme Court’s legislative rulings over capital punishments. In the Gregg v. Georgia case the Supreme Court made it clear that “the death penalty is not considered cruel and unusual punishment, nor grossly disproportionate to the crime, provided the court’s review procedure affords procedural safeguards to prevent arbitrary or discriminatory sentencing” (PMBR & Palmer, 2009, p. 59). However, it is imperative that special care should be taken by the jury to display no arbitrary or discriminatory sentencing and it should ensure that capital punishments are given to the most deserving criminals.

Similarly, the Supreme Court of Florida, considering the petition of Thomas H. Provenzano, ruled that “execution by electrocution in Florida’s electric chair as it exists in its present condition as applied does not constitute cruel or unusual punishment, and therefore, is not unconstitutional” (Supreme Court of Florida, 1999, p. 3). It can thus be seen that the Supreme Court has never regarded the various forms of execution such as lethal injection, gas, hanging, and the firing squad as something unconstitutional against the Eighth Amendment.

It is also worthwhile to consider the views of the public who regard death penalty as unusual and cruel. Researchers such as Melusky and Pesto, in this respect, argue that “an evil deed is not redeemed by an evil deed of retaliation;” for them, morality never permits the judicial system in taking human life which they regard as only legalized murder (Melusky & Pesto, 2003, p.14). Similarly, the American Civil Liberties Union (ACLU) holds that capital punishment is not only against the constitutional provisions but it is an “intolerable denial of civil liberties” (Melusky & Pesto, 2003, p. 14). Capital punishments, thus, disrespect human life and both morality and religious beliefs never allows one to take one’s life.

There have also been arguments that capital punishment sentencing cannot be absolutely flawless as the ultimate decisions of the jury can s cannot be discriminatory or disproportional. Thus, there are many experts who do not consider death penalty as an effective deterrent and such people prefer life imprisonment without any parole to capital sentencing. However, the growing rate of serious criminal activities and homicides has prompted many to think in favor of capital punishments. It is a fact that where there are no provisions for death penalty in the judicial system there are no forces that can deter dreaded criminals who pose threats to the lives of common man.

It is the duty of the judicial system to safeguard the lives of innocent victims as well. While the abolitionists lament over the extreme pain during execution they do not think of the atrocities and damages the convict has caused. Kronenwetter, in this respect, believes that people who are against capital punishment undermine ‘the deterrent aspect of legal punishment;’ for the author, “pain and discomfort are an inherent and necessary aspect of legal punishment for crime” and there is nothing unconstitutional when vicious criminals undergo some sort of pain and suffering for their atrocities (Kronenwetter, 2011, p. 65). It can thus be concluded that capital punishments can never be regarded as unconstitutional as they are thought to be cruel and unusual.

References Kronenwetter, Michael. (2001). Capital punishment: a reference handbook. 2nd Illustrated ed: ABC-CLIO. Melusky, J.A & Pesto, K.A. (2003). Cruel and unusual punishment: rights and liberties under the law. U.S.A: ABC-CLIO. PMBR, Kaplan & Palmer, S.H. (2009). Kaplan PMBR FINALS: Criminal Procedure: Core Concepts and Key Questions. 2nd ed: Kaplan Publishing. Supreme Court of Florida (September 24, 1999). Thomas H. Provenzano, Petitioner, vs. Michael W. Moore, Respondent. No. 95,973. Retrieved 27 Jun.

11 from: http://www.floridasupremecourt.org/decisions/pre2004/ops/95973a.pdf