C apital Punishment: J I H V ? udicial nterpretation or
uman
engeance
Gayle Cottrill
E
the death penalty could argue that the slow process is torturous and unusually cruel. Some criminals sentenced to death can spend many years on death row, a situation that many say, is cruel and unusual. One man, Dale Johnston, was freed from Ohio’s death row after a fourteen-year wait when another man pled guilty for Johnston’s alleged doublemurder.7 Johnston said of his experience on death row, “a living hell would probably be the best description… Every moment of your life is controlled.” Despite monstrous acts, death row inmates are still humans with emotion and need. Should they be stripped of human dignity and their right to life? According to the 2007 Gallup Poll8 of the public’s opinion on the death penalty, sixty-nine percent still supported the practice. Two years later, the supporters still rule the majority on the topic, arguing that capital punishment is not cruel and unusual, but a necessary and just punishment. Taking another’s life is a capital crime that deserves a capital punishment. Proponents believe that the death penalty is a suitable punishment for those who choose to commit a heinous crime like murder. However, the Supreme Court has put restrictions on who are appropriate recipients of the death penalty. For minors and the mentally ill, it is considered cruel and unusual to sentence them to death.9 Furthermore, the death penalty is reserved for those who most deserve it, not for those who have been convicted of petty crimes. Supporters can argue that the prisoners sentenced to death indeed have their rights protected; many criminals are able to extend their time on death row by filing numerous appeals for their cases. The argument that prolonged stays on death row are cruel and unusual may be thought ridiculous by proponents of the death penalty because the inmates themselves increase their prison time with attempts to overturn a usually non-revocable verdict that deserves to be reckoned with. Life on death row may be harsh at times, seeming to threaten some human rights for the prisoners, but some supporters of the death penalty believe the sentenced gave up their right to life when they took another’s. In reality, the inmates on death
xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” So states the Eighth Amendment of the U.S. Constitution, an important and key factor when determining legislation concerning capital punishment. The Supreme Court has decided that capital punishment does not violate the Eighth Amendment based on the interpretation of the word “and.” A sentence can be cruel or it can be unusual, but it cannot be both.1 However, those opposed have equally legitimate claims that capital punishment is both cruel and unusual. At the time the Constitution was written, capital punishment was widely accepted, and it was determined that the Eighth Amendment had not been created to abolish the practice.2 In 1846, Michigan was the first state to abolish the death penalty, and other states followed suit and have continued to do so today, but slowly. In 2008, 36 states still supported the death penalty.3 The number may appear high, but it is not surprising when looking at where the United States places on the global scale of execution records. Of the 192 nations in the world, only 62 allow death sentences to be carried out,4 and only seven nations administer the majority of the world’s executions: Saudi Arabia, Iran, Pakistan, Yemen, China, Vietnam, and the United States.5 Although the United States’ executions rank high internationally, within the States, according to a recent article by Richard Lacayo of TIME, “the pendulum now appears to be swinging in the other direction.” While the U.S. Supreme Court continues to argue the death penalty does not violate the Eighth Amendment’s condemnation of cruel and unusual punishment, many people still disagree. Those opposed believe that capital punishment does violate the amendment on multiple charges. Some argue that lethal injection is a cruel method of execution. A lot of things can go wrong to make the prisoner uncomfortable and suffer great pain. The whole process takes about thirty to forty minutes, depending on the facility’s protocol.6 When one is awaiting death, half an hour can seem like eternity, and opponents of
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