Tuesday, April 23, 2019

Does capital punishment equate to cruel and unusual punishment Essay

Does capital punishment equate to cruel and unique punishment - undertake ExampleThis 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 Courts legislative rulings everywhere capital punishments. In the Gregg v. Georgia case the Supreme Court made it clear that the death penalization is not considered cruel and unusual punishment, nor grossly disproportionate to the crime, provided the courts 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 devoted to the most deserving criminals. Similarly, the Supreme Court of Florida, considering the petition of Thomas H. Provenzano, ruled that execution b y burning at the stake in Floridas electric chair as it exists in its present condition as utilize does not constitute cruel or unusual punishment, and therefore, is not unconstitutional (Supreme Court of Florida, 1999, p. 3).

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