The Constitutional question of cruel and unusual punishment and the Research Paper - 1

The Constitutional question of cruel and unusual punishment and the Death Penalty - Research Paper Example A scrutiny of US Supreme Court cases show that although the Court does not regard the death penalty per se as a form of â€Å"cruel and unusual† punishment, its manner of imposition, the circumstances and the persons upon whom it is imposed may bring the case within the ambit of the 8th Amendment clause. Table of Contents Abstract Table of Contents 1.0 Executive Summary 2.0 Introduction 3.0 Background: Death Penalty 3.1 General History of the Death Penalty 3.2 History of the Death Penalty in the US 4.0 Justifications of the Imposition of the Death Penalty 4.1 Retribution 4.2 Deterrence 4.3 Incapacitation 5.0 The 8th Amendment and the Concept of â€Å"Cruel and Unusual† Punishment 5.1 The Eight Amendment 5.2 US Supreme Court Decisions 5.2.1 Weems v. US 217 US 349 (1910) 5.2.2 Furman v Virginia 408 US 238 (1972) 5.2.3 Gregg v Georgia 428 US 153 (1976) 5.2.4 Coker v Georgia 433 US 548 (1977) 5.2.5 Edmund v Florida 458 US 782, 797 (1982) 5.2.6 Atkins v Virginia 536 US 304 ( 2002) 5.2.7 Roper v Simmons 543 US 551 (2005) 6.0 Discussion: Is the Death Penalty a Cruel and Unusual Punishment? 7.0 Conclusion Annotated Bibliography Executive Summary The question as to whether the death penalty is a ‘cruel and unusual punishment† within the context of the 8th Amendment is often the underpinning issue of many cases appealed to the US Supreme Court by appellants who were convicted and sentenced to death by the trial courts. The clause â€Å"cruel and unusual punishment† first appeared in the 1686 English Bill of Rights and was adopted by the Commonwealth of Virginia Declaration of Rights. Its inclusion in the federal Bill of Rights was proposed by James Madison, who himself hailed from Virginia. Although it was successfully incorporated into the 8th Amendment, its exact meaning was not clearly explained nor its relevance in the American setting fully understood. Under the English law, the clause was meant to limit the English courts from imposi ng punishments that were too barbaric and cruel as was the practice of courts during the reign of the House of Stuart. Punishments such as drawing and quartering, boiling the convicts alive or crushing them with heavy objects were just some of the barbaric punishments that the English Courts in the Stuart era employed. In the American setting, the â€Å"cruel and unusual punishment† clause was not much of an issue prior to the 20th century considering that the barbaric practices of the early English courts were unheard of. The modes of execution in the US include hanging, firing squad, gassing, electric chair and just recently, lethal injection. Although some of these modes of execution are more painful that the others, they are not considered barbaric and cruel punishments. A scrutiny of US case law on the matter reveals that the death penalty is not a â€Å"cruel and unusual punishment† within the 8th Amendment context, and yet, sometimes it is. The Court has declare d that it does not per se infringe upon the 8th Amendment, and yet has also ruled in some cases that its imposition is â€Å"cruel and unusual† punishment. It depends on the circumstances of the case and perhaps, the perspective of the Court at the time a death penalty case is being heard. The first time that the clause was made a ground in an appeal was not a death penalty c