| Papers [1-15] of 100 :: [Page 1 of 7] | | Go to page : 1 2 3 4 5 6 7 —> | Search results on "CRUEL UNUSUAL PUNISHMENT": |
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Cruel and Unusual Punishment, 2005.
Examines what constitutes 'cruel and unusual punishment' according to the 8th Amendment.
1,350 words (approx. 5.4 pages), 1 source, $ 53.95
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Abstract
The Eighth Amendment to the Constitution of the United Sates of America provides that excessive bail should not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The paper shows that the Constitution does not explicitly define what constitutes cruel and unusual punishments. Consequently, this has frequently been a matter of debate.
From the Paper
"The article I have reviewed deals with the issue of cruel and unusual punishment, with specific reference to the issue of whether imposing the death penalty on people who were under 18 when they committed a crime constitutes cruel and unusual punishment. The newspaper article here under consideration deals with reaction to a specific court ruling pertaining to the notion of cruel and unusual punishment."
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?Cruel and Unusual Punishment?, 2005.
This paper reviews several judicial court decisions to seek the meaning of "cruel and unusual punishment" as based on the Eighth Amendment to the U.S. Constitution.
1,010 words (approx. 4.0 pages), 7 sources, MLA, $ 35.95
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Abstract
This paper explains that, on the Federal level, the decision to apply the death penalty depends on the definition of "cruel and unusual punishment" that is cited in the Eighth Amendment; however, the U. S. Supreme Court disagreed with the use of the death penalty, reflecting a moral concern when it has claimed that the punishment is freakish. The author points out that, in "Coker v. Georgia", the Supreme Court remanded the case because the death sentence is a "disproportionate penalty" for rape, based on "the objective evidence of present public judgment", the Eighth Amendment bars "barbaric" and "excessive" punishment. The paper states that the Supreme Court must still determine whether it is necessary to demonstrate that the racial discrepancy is a consequence of "a pattern of intentional discrimination" and determine how large a discrepancy must be shown to constitute a violation of equal protection and "cruel and unusual punishment" clauses.
From the Paper
"The argument was formally raised in McCleskey v. Kemp, when an African-American petitioner was found guilty of killing a white police officer in an attempted armed robbery of a store. The accused man's habeas corpus petition included the Baldus study, a statistical study which shows that there is a disparity in the imposition of the death penalty in Georgia, claiming that capital punishment is determined based on the murder victim's race and, to a lesser degree, the criminal's race. The study took more than 2,000 Georgia murder cases into account and conclusively determined that black murderers who kill white victims have the greatest likelihood of receiving the death penalty."
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Cruel and Unusual Punishment, 1993.
A look at the major Supreme Court decisions on the 8th Amendment, focusing on the pros and cons of the death penalty.
1,575 words (approx. 6.3 pages), 8 sources, $ 55.95
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From the Paper
"In recent years, society has become more fearful of crime and more concerned that the criminal justice system does not deter violent crime as it should. Fear of crime is a driving force in elections and political battles. Crime costs the taxpayer, the consumer, and business vast sums of money each year, and the public responds by calling for more police, increased legislation, and stiffer penalties. The desire of the people for tougher sentences can run afoul of the Constitution and its prohibition against cruel and unusual punishment, among other provisions. The issue of cruel and unusual punishment is often argued with reference to the death penalty, but it has applications in other punitive situations. The concept of what does and does not constitute cruel and unusual punishment has evolved in decisions by the U.S. Supreme Court over the years..."
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Capital Punishment, Impractical Punishment, 2000.
This paper examines the moral, political and biblical standpoints with regard to the death penalty..
1,375 words (approx. 5.5 pages), 5 sources, $ 45.95
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Abstract
This essay is an argumentative paper which states both sides of the death penalty controversy and is opposition to capital punishment. The author chooses multiple points for, and against, the use of capital punishment regarding moral, ethical, and biblical standpoints.
From the paper:
?From the beginning of recorded history, there has always been a great deal of controversy over the concept of capital punishment. Is it moral? Is it a deterrent to crime? Is it effective? Is it efficient? Is it cruel and unusual punishment? These are all questions that we ask when discussing such a delicate topic. There are a wide variety of reasons as to why people are for or against the death sentence. Some are reasoned; others are purely emotional. From my point of view, capital punishment is not a deterrent to crime, and I don?t believe it should be in use today.?
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?Procedures in the Justice System?, 2002.
An analysis of the book "Procedures in the Justice System" by Gilbert Stuckey et al., focusing on the theme of cruel and unusual punishment.
916 words (approx. 3.7 pages), 5 sources, APA, $ 32.95
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Abstract
The paper discusses Gilbert Stuckey et al.'s book "Procedures in the Justice System" which explores the underlying philosophy and history behind the concept of justice in depth. The paper shows how the authors endeavor to create a deep understanding of the American justice system and the need for law and order for all. The author of the paper surmises that the American justice system is a double-edge sword in dealing punishment that fits the crime and that there is room for improvement so that the system doesn't unintentionally work against the victim. The paper also focuses on cruel and unusual punishment.
From the Paper
"Our justice system is the mechanism for deterring crime?or so we think. Let's look at the facts. More than 1.5 million people are incarcerated in the United States today, .4% of the population Today, 25% or more of California inmates are incarcerated for drug related crimes. In the 1980s alone, 8% of the incarcerations were drug related and 57% were for violent crimes. And the statistics go on. So how effective is our justice system? Are we too lenient? Or are the loopholes of some of our laws preventing us from really curbing crime."
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Death Penalty for Children, 2001.
Examines whether the death penalty constitutes cruel & unusual punishment for children. Describes current situation & role of media; conflict theory & research. Arguments against use. Supreme Court decisions.
4,950 words (approx. 19.8 pages), 20 sources, $ 135.95
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From the Paper
"The concept of treating juveniles in the criminal justice system is a relatively new one in the Western world. Although the Arab world has long held to the principle that young children are not accountable for their crimes because they have not yet reached the age of reason, it is not until the cusp of the 20th century that this principle was institutionalized in a separate criminal justice system for children in the United States.
That system was the first children's court and it was established by Jane Addams and Hull House in Chicago, Illinois in 1899. Addams had fought for years to separate out the treatment of juveniles from that of adults, removing them from adult court..."
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Death Penalty, 1994.
This paper analyzes the logic of arguments against capital punishment: As deterrence, respect for life, arbitrariness and cruel and unusual punishment.
1,575 words (approx. 6.3 pages), 7 sources, $ 55.95
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From the Paper
"Arguments about the right of society to demand the ultimate punishment through the death penalty have been made for decades in the United States. In the 1970s, the issue might have seemed more academic than real because the Supreme Court had thrown out the nation's death penalty laws as being improperly drawn. Since the court did not say the death penalty could never be applied but only that it was not being applied correctly in law at the time, the death penalty has been reinstituted with language that conforms to the parameters set by the Supreme Court. In spite of a number of challenges, capital punishment has been affirmed by the Court and continues to be enforced. There is considerable public support for the death penalty, much of it related to a general trend toward demanding harsher penalties for criminals because of a fear of street crime and violence."
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Punishment and Crime, 2000.
An examination of the history and evolution of punishment in U.S. prisons and its effectiveness in deterring crime.
1,575 words (approx. 6.3 pages), 12 sources, $ 55.95
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Abstract
"In recent years, society has become more fearful of crime and more concerned that the criminal justice system does not deter violent crime as it should. Fear of crime is a driving force in elections and political battles. The desire of the people for tougher sentences can run afoul of the Constitution and its prohibition against cruel and unusual punishment, among other provisions.
From the Paper
"In recent years, society has become more fearful of crime and more concerned that the criminal justice system does not deter violent crime as it should. Fear of crime is a driving force in elections and political battles. The desire of the people for tougher sentences can run afoul of the Constitution and its prohibition against cruel and unusual punishment, among other provisions. The issue of cruel and unusual punishment is often argued with reference to the death penalty, but it has applications in other punitive situations. The concept of what does and does not constitute cruel and unusual punishment has evolved in decisions by the U.S. Supreme Court over the years, and the present state of the issue has developed from earlier views and cases. Yet, of equal importance is the issue of whether tougher punishment serves its intended purpose and..."
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Capital Punishment, 2002.
A study of the viability of capital punishment in the United States.
1,025 words (approx. 4.1 pages), 9 sources, MLA, $ 36.95
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Abstract
This paper examines the capital punishment in the Untied States, and argues through statistics and philosophy that it is unjust. It describes that the death penalty is a cruel and unusual punishment for the young or mentally deficient. It illustrates that most modern countries have abolished the death penalty. The paper uses Hobbes' concept that "everyman has a birthright to his life" to support it's argument.
From the Paper
"According to Amnesty International, more than half of all the countries in the world have already abolished the death penalty ? either in law or in practice: 74% of these countries and territories have eliminated it as punishment for all crimes. An average of more than three countries a year have abolished it in the last decade, and once abolished, it is seldom re-introduced (Amnesty International). "
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Capital Punishment, 2005.
This paper argues against capital punishment.
1,050 words (approx. 4.2 pages), 3 sources, MLA, $ 36.95
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Abstract
This paper explains that capital punishment is both a moral and a legal blemish upon the principles that there should be no cruel and unusual punishment in America, as outlined in the Bill of Rights of the Constitution of the United States. The author points out that the death penalty has little ethical support in philosophical moral teachings, has little logical or statistical support as deterrence against crime and is actually more expensive to the taxpayer in the long run. The paper states that the death penalty is not really compatible with Jesus' call for love and forgiveness or of America's contention that the rights of the individual outweigh the interests of the collective; thus, even those individuals who defend the death penalty's existence as upholding the Judeo-Christian ethic are misguided.
From the Paper
"Logically, the notion of the death penalty as deterrence seems irrational, given that even crime depicted in "The Life of David Gale" would not be deterred by the death penalty. The film revolves around the tale of David Gale, a college professor in Texas, who is accused of murder and rape of a fellow activist. The film takes place while Gale is on death row, recounting his final testimony for a curious reporter. Even if Gale were guilty, which he is not, the crime is not one which death could act as a deterrent. The alleged crime is motivated by passion as much as premeditation, according to Gale's accusers."
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The Injustice of Capital Punishment, 2004.
An explanation of why capital punishment is an injustice in our society and how that injustice can be fixed.
1,960 words (approx. 7.8 pages), 8 sources, MLA, $ 62.95
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Abstract
This paper puts forward the argument that the death penalty is unjust and unconstitutional. It attempts to reason how the death penalty is a cruel and unusual punishment that goes against the guarantee of due process of law by showing that it violates natural law, is simply inhumane, and does not serve as a deterrent to crime. In particular, it explains how the New Jersey capital punishment system works, as well as the process of capital punishment in detail from court to death. It also proposes potential solutions to resolve the injustice.
From the Paper
"The process of capital punishment is very unique in its own manner. It first begins with a jury selection and death qualification. The questioning of potential jurors or voir dire can take a particularly long time in a capital case. Death qualification occurs as well and that is when perspective jurors are questioned on their position on the death penalty for a guilty party (Costanzo 23-24). If a potential juror expresses an inability to inflict a death sentence upon a guilty party, they will be eliminated from the jury. After undergoing studies, it has been shown that due to this death qualification process, the jury that is left to serve is more set to believe that the defendant is guilty and deserves capital punishment."
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Is Capital Punishment Constitutional?, 2007.
This paper explores the controversial issue of capital punishment.
2,692 words (approx. 10.8 pages), 15 sources, MLA, $ 80.95
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Abstract
The paper discusses how the issue of the death penalty has been one of the most debated issues in the history of the United States. The paper examines the legalities surrounding the death penalty and the social, ethical and moral issues, including the right to due process per the 5th and 14th Amendments. The paper examines whether it is an ethically and morally proper punishment or if it is cruel and unusual, in violation of the Eighth Amendment. The paper takes a look at the economics of capital punishment in an effort to determine if there is evidence to support the premise that the death penalty is a deterrent of criminal behavior. The paper also touches upon the issues of racial bias and public opinion.
Outline:
Introduction
Legal Issues
Moral and Ethical Issues
Social and Economic Issues
From the Paper
"The legal issues surrounding the death penalty are the potential violations of the 5th and 14th Amendments which are the right to due process with the 5th Amendment being applied at the federal level and the 14th applied to the state level; both clauses are interpreted basically the same. The text reads as follows, "No person/state shall be...deprived of life, liberty, or property without due process of law... (Fifth Amendment to the United States Constitution, 2006)." Another interpretation means that the government must respect all of a person's legal rights instead of just some of them. In other words, it must be fair."
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Capital Punishment, 2005.
An analysis of some of the controversial aspects of capital punishment.
834 words (approx. 3.3 pages), 2 sources, MLA, $ 29.95
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Abstract
This paper examines how possibly one of the most controversial issues in the American criminal justice system is the sentence of capital punishment. It explains how, for years, there has been a heated debate as to whether or not it is an ethically and morally proper punishment or whether it is cruel and unusual and in violation of the Eighth Amendment.
From the Paper
"Recently, a halt was put on executions in the state of Illinois after it was discovered that there were many flaws in Illinois' police and court conduct. According to an article in The American Prospect, there were numerous accounts of eyewitnesses who gave unreliable, incorrect accounts during trials. Along with this, there were also eyewitnesses who had falsely identified suspects in line-ups. Finally, there were also claims that suspects were involuntarily forced to confess their guilt by law enforcement officials. The necessary decision to put a stop to death row was made by Illinois' Governor George Ryan, a republican formerly in favor of the death penalty, who realized that major problems were occurring in his states' police departments and courts."
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Capital Punishment, 2006.
An argument against the death penalty.
2,673 words (approx. 10.7 pages), 12 sources, MLA, $ 80.95
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Abstract
This paper argues that capital punishment has no place in a supposedly civilized and industrialized nation such as the United States. According to the paper, the death penalty has done little to curb crime and has never been implemented fairly in the United States. Therefore, capital punishment should be repealed in favor of alternative forms such as life imprisonment without parole.
Outline:
Why the Death Penalty?
Philosophies of Justice
Deterrence and Racism in the Death Penalty
Cruel and Unusual
From the Paper
"Study after study, however, has shown no correlation between the availability of a death penalty and crime. A study by the Death Penalty Information Center shows that United States, which retains the death penalty, has a murder rate that is more than three times that of many of its European allies that have banned capital punishment (DPIC homepage). Many factors could account for the much lower murder rate in Europe, such as stronger familial ties and much more stringent gun control laws. Capital punishment, however, is not one of these reasons."
"Furthermore, it is a fact that capital punishment could not be fairly administered throughout the country. From state to state, variables such as race, class and even gender continue to influence sentencing in capital cases. In addition, the imposition of capital punishment is subject to extra-legal influences. Statistics show that the imposition of the death penalty is "infected by prejudice and discrimination." Part of the reason is socio-economic, as researchers show how people who are poor are more likely to be represented by public defenders, while many Caucasian defendants can afford expensive defense teams (Johnson and Johnson 519)."
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The Moral Dimensions of Punishment, 2005.
A philosophical and ethics-based debate on the moral justification of punishment by the state.
1,720 words (approx. 6.9 pages), 10 sources, MLA, $ 55.95
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Abstract
The paper discusses the moral implications of punishment within the judicial system. The paper focuses on three areas of punishment: capital punishment, imprisonment in maximum security facilities, and the surveillance of sex-offenders. The writer concludes that although the criminal must be held responsible and accountable for his/her crimes against society, as human beings, we should ask ourselves whether or not it is morally right to punish our fellow man, and whether this punishment puts us on the same moral level as a criminal who punishes his victim.
Table of Contents:
Introduction
Capital Punishment
Maximum Security Confinement
The Surveillance of Sex Offenders
Conclusion
From the Paper
"More recently, law enforcement officials and state governments have begun surveillance programs for sex offenders in the form of ankle bracelets which monitor their every move or perhaps house arrest with constant video camera surveillance. Since the majority of these sex offenders target children as their victims, the morality of such surveillance is redundant, for it has been shown that surveillance techniques decrease the incidents of sexual crime and thus make our communities safer for children."
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