Violation Of The Eighth Amendment Essay - 1591 Words

In the United States Constitution, the Eighth Amendment prohibits the use and practices of cruel and unusual punishment. What exactly is considered to be cruel and unusual punishment? This question is a hot topic among America s many different current controversies. Many people are saying that the use of capital punishment to be sentenced to death as a penalty in the eyes of the law. An execution or capital punishment is a direct violation of the Eighth Amendment to the Constitution of the United States. (84) Capital punishment has been a part of our government since the seventeenth century. Although the capital law of the thirteen colonies differed from one another, many interesting and important details concerning the death penalty and†¦show more content†¦Yet in Idaho and Utah, the law specifies a five-man rifle squad. (88) Execution by firing squad has a long history in America. The first recorded execution by firing squad was in 1608, when George Kendall, one of the ori ginal councilors in the colony of Virginia was put to death. People opposed to the death penalty say that being shot to death if a form of cruel and unusual punishment. There have been cases where the marksmen have missed the shot and it has taken a man over an hour to die from his wounds. Another problem with this form of execution is that some members of the firing squad have been known to aim away from the man s heart, shooting him where it would take longer to die. (116) This happened on September 10, 1951, in the execution of Elisio Mares. During his execution, all five of the marksmen aimed away from the target over Mares heart and shot him on the right side of his chest. The firing squad and witnesses watched in horror as Mares slowly bled to death. When Gary Gilmore was shot to death in Utah in 1973, all four bullets pierced his heart. However, heart death was not immediate, and the doctor had to check twice before pronouncing him dead. (86) The second is hanging until dead. The punishment consisted of looping the rope around the condemned man s neck and dropping him from a height so that the rope tightened, causing a slowShow MoreRelatedCivil Bureau Of Prisons Regulations Essay968 Words   |  4 Pagessociety is continually evolving, this evolution results in amendments to existing laws. There is also evolution in the sub-culture of the prison system. Inmates are more frequently filing cases, in an effort to establish or redefine how the constitutionally established are applicable to their setting. This essay will discuss 1st, 4th, 8th, and 14th amendments, and how they apply to specifically to those who are incarcerated. 1st Amendment â€Å"Congress shall make no law respecting an establishment ofRead MoreThe Bill Of Rights By James Madison1465 Words   |  6 Pagesdocument that laid out the individual rights of the people, state, and the national government. The author of these rights was James Madison, a Virginia congressman who had proposed 19 amendments to the House of Representatives, though the original idea of the document came from Thomas Jefferson. 10 of these amendments made it through ratification by the states and, later on, became what is known as the Bill of Rights. Its name comes from England and refers to the Bill of Rights that Parliament enactedRead MoreCapital Punishment During The Colonial Era1165 Words   |  5 Pagescame to utilizing the death penalty. The death penalty was used for minor offenses such as stealing, killing animals, and trading with Indians. 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