Tuesday, March 10, 2020

The Death Penalty Unconstitutional and Morally Wrong essays

The Death Penalty Unconstitutional and Morally Wrong essays The death penalty as currently structured and administered is morally wrong and violates the beliefs of most religions and the American constitution, a document that was implemented to protect the rights of Americans. As an alternative to protection these laws are being interrupted to justify taking the lives of criminals. Although the legality of capital punishment has been justified countless times by countless courts, and is supported by an overwhelming majority of Americans, it is morally wrong. Capital punishment which dates back to the beginning of time breaks the fifth commandment, one of the oldest rules governing the human race. To kill is to rob man of the great privilege reserved for God alone. Only God has the right to judge when the physical must end. (Moses) Capital punishment is not only an unacceptable punishment because it is immoral, it is also unconstitutional. Capital punishment was found to violate the Eighth Amendment's "prohibition against cruel and unusual punishment," and the Fourteenth Amendment's "guarantees of equal protection of the laws and due process" (Litardo 1). In 1972, the Furman vs. Georgia trial caused the Supreme Court to cancel hundreds of scheduled executions and to declare the death penalty unconstitutional. However, in 1976 in Gregg vs. Georgia , the Court reinstated the death penalty stating, "It does not invariably violate the Constitution if administered in a manner designed to guard against arbitrariness and discrimination." After this decision, several states reenacted the capital punishment laws. However, capital punishment indeed violates the Eighth Amendment which became a part of the United States Constitution in 1789. Capital punishment is both a cruel and an unusual punishment. No punishment can be crueler than death, especially if it is applied to an innocent person. Murdering to stop murderers is too cruel! Wendy Kaminer, in her book, It's All the Rage , verb...