Monday, June 10, 2019
Does capital punishment equate to cruel and unusual punishment Essay
Does capital punishment equate to cruel and unusual punishment - Essay ExampleThis paper is an attempt to light upon 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 begs legislative rulings over capital punishments. In the Gregg v. Georgia case the Supreme Court made it clear that the death penalty 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 given to the most deserving criminals. Similarly, the Supreme Court of Florida, considering the petition of Thomas H. Provenzano, ruled that execution by electrocution in Floridas electric chair as it exists in its present condition as applied does not constitute cruel or unusual punishment, and therefore, is not unconstitutional (Supreme Court of Florida, 1999, p. 3).