Source: The Death Penalty. January 14, 2004
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/deathpenalty.htm
Constitutional Connection: Amendment 8, Cruel and Unusual Punishment.
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
Explanation of Connection:
The Supreme Court is determining whether the death penalty is considered cruel or unusual punishment. They want to determine is the death penalty unconstituional or not because in the Constituition it prohibits cruel punishment against citizens. Other courts argued that the death penalty is neccasary when people committ bad crimes. The court says anyone under 18 years cannot receive the death penalty the mentally retarded cannot also receive the death penalty.
This article represents Amendment 8 from the Constitution. In Amendment eight it says "no one shall receive cruel or unusual punishment". In the article they were deciding whether the death penalty is unconstitutional or not because killing someone that committed a crime is a cruel thing to do. The Supreme Court should argue against the death penalty because that is a very unconstitutional crime. The makers of the constitution and the writer of the author both believe that the death penalty is a cruel and unusual punishment.
I think that giving someone the death penalty is a cruel punishment because no one deserves to be killed even though they were doing something wrong. I also think that the courts doesn't follow the Constitution because they make laws and do things that are unconstitutional. The Constitution isn't followed in the U.S because people make laws that the Constitution prohibits. I think that the Supreme Court should take time out to eliminate the death penalty because it goes against the what the Constitution gaurentee's the U.S citizens.
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