- Education and Science»
- Law & Legal Issues
The Eighth Amendment - Cruel and Unusual Punishment; Who Says It Is Cruel or Unusual?
The 8th Amendment to the United States Constitution states; “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted." Cruel and unusual punishment is to be that of which is considered “unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to it”. Let us note that the person subjected to it is the criminal. The criminal is one who broke the law and was protected already by the 6th Amendment; the right to a speedy and public trial, by an impartial jury. If someone commits a crime and is given the opportunity for a fair trial and as a result, is convicted of that crime, then I purpose, depending on the nature of the crime, cruel or unusual punishment may be justified and/deserved.
This is okay... sometimes
Lethal Injection... even better
A little outdated?
The 8th Amendment of the United States Constitution was adopted in 1791, more than two centuries ago. Some 200 years ago common forms of cruel and unusual punishments included but were not limited to; crucifixion, boiling to death, impalement, crushing, stoning, execution by burning, dismemberment, and disembowelment. Much of these punishments are extreme and old fashioned. The very same Constitution does not consider death, by way of the death penalty, a form of cruel or unusual punishment but is rather a responsibility and ultimately the decision of individual states. Why in some cases is taking the life of a convicted criminal deemed appropriate, fitting or necessary but cruel or otherwise unusual punishments that may cause suffering, pain or humiliation of that same convicted criminal, considered unacceptable? At what point is pain, suffering or humiliation of a convicted criminal, one who had no regard for the law, a concern of the American public? How many of these same convicted criminals had any concern for the pain, suffering of humiliation of their victim(s)? In my opinion, these people gave up their rights for Constitutional protections when they violated the Constitution.
What about her?
Take pity on the prisoner?
I don't believe everyone should be subjected to or are deserving of cruel and/or unusual punishment, but certainly some are worthy. What does it say for the American public who finds pity on a criminal that kidnaps rapes, abuses, tortures or takes the life of another human being? What does it say about the American public that finds pity on a criminal that has ruined or murdered a child? I cannot find myself sympathizing with any person that is able to take a child hostage, stripping them from their safe, comfortable environment and inflicting sexual abuse, pain or any other kind of torture on them. I cannot find any sympathy for a person that can take the life of a child and the more violent the manner in which the crime is committed the more I find it acceptable to utilize cruel or unusual punishment.
An "eye for an eye", why does the United States Constitution not find this thought process appropriate? Punishment of equal value to that of what a victim endured on behalf of the criminal seems to fit accordingly. If one human being is willing to inflict irreversible damage or death to another human being then why are they not deserving of the same in return? Is a criminal more valuable than his victim? I will not say that a life in prison is necessarily enjoyable or easy, nor will I say that death by way of the death penality is one's first option, but I will say that they are a hell of a consolation.
One Good Reason...
This below video and Casey Anthony case, is not the motivation or inspiration behind me or my thoughts, but it is a perfect example of why I think there are occasions that call for cruel and/or unusual punishment. Watch the video and look at pictures of a beautiful child who was not afforded the opportunity to continue living her life and a mother who went out partying and clubbing for days while her daughter's body was decomposing. If you don't shed a tear, get goose bumps or angered, then I'll delete the entire article and keep my opinion to myself.