Is the death penalty considered cruel and nusual punishment under the U.S. constitution?

STEVEN F

The courts have developed the habit of declaring certain METHODS of execution cruel and unusual. They have also rule it is cruel an unusual to execute minors and the mentally impaired. To the best of my knowledge, the death penalty, in and of itself, has never been challenged.

The 5th Amendment to the US Constitution states "No person shall be held to answer for a capital, or other infamous crime, unless on presentment or indictment of a Grand Jury ... nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb ... nor be deprived of life, liberty ...

All three phrases imply the death penalty IS permissible in some cases. That would imply it is NOT cruel and unusual under the meaning of the 8th amendment.

Note: both the 5th and 8th amendments are part of the Bill of Rights and were submitted to the states for ratification at the same time. Therefore is is reasonable to believe they do not contradict each other.

EDIT: Ryan G: I DID read Article III, Section 3 of the US Constitution regarding treason. It actually DOES NOT specify the punishment for treason. I states "Congress shall have Power to declare the Punishment of Treason. I was mistaken on that point as well.

Doc

That would be Amendment VIII, and, it's arguable. I don't think it is, but that's just me.

Uthman B

No, because if the punishment fits the crime, then it will suffice, for instance, if you shoot and kill a police officer, you deserve to be sentenced to death if convicted.

StephenWeinstein

According to the U.S. Supreme Court, no.

cmdrbnd007

Obviously, lethal injection isn't or it would be illegal.

No. That is why it is legal and people are put to death every week in the US.

nremtohio

In the US Constitution: NO

However, each state has their own interpretation of what "Cruel and Unusual Punishment" is.

The laws vary GREATLY by state.

rogueriverbob

NO, NO, NO, NO, NO, NO, ,.....

sirbobby98121

Apparently not as this method of capital punishment is in use in many states...

missy22

No, not in the consititution. Each person has his or her own view of weither the dealth penalty is humane. In recent studies it has been found that in some cases, people suffer a lot of pain for the lethal injection that is supposed to give you a feeling of falling asleep. There are a few cases open right now where the rights of persons set to have leathal injection are being argued as being violated because of these misdoses of medication. Personally I feel like these people made other inocent people suffer before they died, why should they get the easy way out. but that is just me. You can google lethal injection to find out more on this topic.

Italian Soccer God

no as long as its a conventional method

ponchin

i think that it is not today. Compare lethal injections (quick and painless) with how they did it when the constitution was written, hanging (often times painful, and slow)

booshua

Yes and No.

It's not cruel and unusual to put someone to death.

It is cruel and unusual to decapitate someone in the process.

One time a 300lbs guy was on death row, to be killed by hanging. He came up with a plan though. He did everything he could to gain weight until he reached a point where the weight of his body would rip his head off in the noose. This was ruled as cruel and unusual punishment and the guy wasn't executed.

coragryph

Generally no -- though certain methods are.

snowmn13

nope otherwise it wouldn't be legal in some states still

American2006

Nope. You kill someone...you deserve to be killed.

http://truewordtoday.blogspot.com/

Mary Jo W

Unknown

Seems like it

Mmgirl

Under the constitution no. Under the bill of rights, they must maintain humane executions. It isn't even bad in the Bible. However, the people that are judging and taking the life with be judged one day as well.

Eleanor Roosevelt

Most of the methods used to kill prisoners could possibly be considered as cruel:

1. lethal injection - a conscious person is given drugs to collapse their lungs so that they will suffocate to death.
2. electrocution - a conscious person is strapped in a chair and fried to death.
3. gas - a conscious person inhales poisonous gas that disolves their lungs, they twitch for a couple of minutes, then die.

Ryan G

The Constitution itself specifies the death penalty for acts of treason. So, no. Although certain METHODS could be considered cruel and would be certainly unconstitutional. Look in Article III

Enter Your Message or Comment

User Name:
User Email:
Post a comment: