Introduction
There has always been a debate over the constitutionality of the death penalty and questions if the punishment is against the Eighth and Fourteenth amendments of the Bill of Rights. Many criticize the punishment for being against the Eighth and the Fourteenth amendments as it can be categorized as a cruel and unusual punishment. The Congress or legislature of any state can prescribe the use of the death penalty, for criminal activities such as murder and other capital criminal activities. The Supreme Court has already decided that the death penalty does not violate the 14th and 8th amendments. But, these amendments of the bill of rights do impact few procedural aspects when deciding jury might choose the death penalty. The due process clause of the Fourteenth amendment, Eighth amendment is applicable to the state legislature and the federal government. Overall, it is possible to analyze the constitutionality of the death penalty and develop a case for and against it (Cornell Law N.pag).
Death Penalty and Constitution
The Supreme Court carries the authority of deciding whether the state statutes are conflicting with the constitutional provisions and the prior interpretations of Court on those provisions.
The judicial review authority has given the U.S. Supreme Court the decisive responsibility of assuring individual rights and maintaining the Constitution rights whose provisions are reviewed continually and applied several times to complicated legal situations. Since, the judicial system appoints Justices for life, when the U.S. Supreme Court rules in favor of an issue that involves the version of the Constitution; their judgment remains final unless it is altered by the subsequent ruling of the court or another constitutional amendment (This Nation N.pag).
The Supreme Court decides if certain state statutes are used appropriately or whether the Constitutional rights of a person are violated. The reasoning of the death penalty’s constitutionality in the U.S. is decided by the Supreme Court Justices based on the cases appealed by the different American states. The founding fathers of the United States hailed from the European countries such as England, where the death penalty used to be legal and constitutional. Therefore, in their new country these founding fathers passed Amendments in the Bill of Rights to protect the American citizens. And, they also allowed each state to determine the legality or abolition of unusual punishments such as the death penalty (This Nation N.pag).
The constitutionality of the death penalty can be understood through the state statues as by 2008, 37 American states had authorized the death penalty. The death penalty is not considered against the Eighth and the Fourteenth amendment, especially when carried out through the use of lethal injections such as in the case of Kentucky. The main concern is the nature of delivery in case of the death penalty and ensuring the punishment is not carried out in a cruel and unusual manner.
Several American states’ statutes allow the death penalty in their state and its constitutionality is determined from the delivery of the punishment.
The delivery varies in different states as some use execution through lethal injection; some states still use electrocution, hanging, firing squad or gas chamber. Many people in the judicial system argue whether executing a murderer is the best way to punish an individual for a premeditated and violent crime. Proportionality of opinion remains relative. The answer is in the constitution as more serious crimes need to be punished more severely than the less serious crimes, trivializing the loss of victim’s life and the grief of family and friends in the name of the constitution is unacceptable to many (Nathanson, 1987, p. 104).
There are organizations such as the ACLU (American Civil Liberties Union) that strongly opposes the death penalty as punishment on the basis of violation of the constitutional ban. The ban restricts punishments that are unusual and cruel in nature and assures law’s due process and equal protection. Additionally, the state has the right to kill human beings through a premeditated and ceremonial manner through the delivery means that they prefer seems unconstitutional as each of the delivery means can be proven unconstitutional on the basis of violation of the 8th amendment. In theory, the death penalty should be considered uncivilized and an inequitable and unfair practice of deliberately ending a human being’s life. ACLU terms the practice as brutal and barbaric that needs to be ended through advocacy, legislation and litigation to ensure no other human beings need to go through execution as a means of lawful punishment (ACLU N.pag)
Conclusion
The death penalty is actively used as a means of lawful punishment in several American states. The Supreme Court has termed the death penalty as constitutional as long as the delivery of punishment is not unusual or cruel. States that approve death penalty utilize different methods to ensure the practice is not cruel or unusual, but the punishment and it means have been under heated debate for years. The case for the constitutionality of the death penalty has been approved by the Supreme Court in the United States, but states get their say on the abolition and active practice.
Works Cited
ACLU. The Case Against The Death Penalty. ACLU. Aclu.org. 2015. Web. 16 Janury 2016.
Cornell Law. Death Penalty. Cornell University. Cornell.edu. n.d. Web. 16 January 2016.
John., A. Justice Breyer Resurrects an Old Debate: Is the Death Penalty Constitutional?. Bloomberg. Bloomberh.com. 30 June 2015. Web. 16 January 2016.
Nathanson., S. An Eye for an Eye?: The Morality of Punishing by Death. Totowa: Rowman & Littlefield, 1987. Print.
This Nation. Is the death penalty Constitutional?. This Nation. Thisnation.com. n.d. Web. 16 January 2016.
