Where does the law currently stand on whether the death penalty is cruel and unusual punishment?

Running Head : Death Penalty

Where Does The Law Currently Stand On Whether The Death Penalty Is Cruel And Unusual Punishment

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Capital punishment has been a controversial issue in the United States for so long . There are those who oppose it on the basis that it is morally wrong while others point to the United States Eighth and Fourteenth Amendments that consider it a cruel and unusual punishment These arguments notwithstanding , the controversy is still on as to whether death penalty is cruel

and constitutes an unusual punishment However , The United States eighth amendment is very clear on what constitutes a cruel and unusual punishment . It states that both the federal government shall not impose any excessive bail or fines or any cruel and unusual punishment to the offenders . This law drawn from the U .S . Bill Of Rights has been interpreted by the Supreme Court so as to apply to the states through the Fourteenth Amendment 's due process clause . According to the US supreme court , the law clearly forbids certain punishments in when compared to the nature of crime or when compared to the offender 's competence (Harding , 1994

The Supreme Court has been consistent in upholding the eighth amendment against the death penalty sentencing . According to the Supreme Court death penalty is not only unconstitutional in some cases but also constitutes cruel and unusual punishment . For example in the Coker v Georgia case , the Supreme Court...