Death by Lethal Injection

Paper Summary:

This paper explains that death by lethal injection has replaced other means of executing individuals sentenced to death and that proponents of the death penalty claim that it meets the language of the Eighth Amendment. Opponents of the death penalty, on the other hand, maintain that it is death by lethal injection is indeed cruel and unusual punishment. To understand better the terminology, "cruel and unusual", the paper examines the exact language as stated in the Eighth Amendment. The Supreme Court has upheld the use of lethal injection; however, the paper concludes, by quoting U.S. Supreme Court Justice William Brennan, that society might find death by lethal injection legal, but that does not mean that it is morally comprehensible.


Table of Contents:
Introduction
The Eighth Amendment
The Supreme Court
Conclusion

From the Paper:

"As the highest court of the land, the Supreme Court has ruled repeatedly on the issue of the death penalty that it lays within the domain of the individual states to impose the penalty of death, and that they are free by way of the Constitution to elect that form of finality or punishment. However, the Supreme Court does see the execution of anyone who is under the age of 18 years of age at the time that they commit a heinous crime, to be cruel and unusual punishment."

Sample of Sources Used:

• Adelman, S. E. (2005, August). Supreme Court Bans Death Penalty for Under-18 Offenders. Corrections Today, 67, 58+. Retrieved March 17, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=5011221625
• Bedau, H. A. & Cassell, P. G. (Eds.). (2004). Debating the Death Penalty: Should America Have Capital Punishment? The Experts on Both Sides Make Their Best Case. New York: Oxford University Press. Retrieved March 17, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=103178745
• Brennan, J. J. (2004). The Supreme Court's Excessive Deference to Legislative Bodies under Eighth Amendment Sentencing Review. Journal of Criminal Law and Criminology, 94(3), 551+. Retrieved March 17, 2008, from Questia database: http://www.questia.com/PM.qst?a=o&d=5006159038
• Cornell University Law School (2008), United States Constitution, 2008, found online at http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentviii, retrieved 16 March 2008
• Justice Learning (2008), found online at http://www.justicelearning.org/justice_timeline/Amendments.aspx?id=8, retrieved 17 March 2008

More papers on Death by Lethal Injection:

• Argumentative Essay # 17147 : "The Death Penalty in the US"
• Case Study # 146499 : "A Recap of the Scott Peterson Case"
• Research Paper # 49304 : "The Issue of Capital Punishment"

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