Wednesday, July 24, 2019
Does capital punishment equate to cruel and unusual punishment Essay
Does capital punishment equate to cruel and unusual punishment - Essay Example This paper is an attempt to identify whether capital punishments can be regarded as cruel and unusual punishments which should be prohibited in the nation. It is essential to consider the Supreme Courtââ¬â¢s legislative rulings over capital punishments. In the Gregg v. Georgia case the Supreme Court made it clear that ââ¬Å"the death penalty is not considered cruel and unusual punishment, nor grossly disproportionate to the crime, provided the courtââ¬â¢s review procedure affords procedural safeguards to prevent arbitrary or discriminatory sentencingâ⬠(PMBR & Palmer, 2009, p. 59). However, it is imperative that special care should be taken by the jury to display no arbitrary or discriminatory sentencing and it should ensure that capital punishments are given to the most deserving criminals. Similarly, the Supreme Court of Florida, considering the petition of Thomas H. Provenzano, ruled that ââ¬Å"execution by electrocution in Floridaââ¬â¢s electric chair as it exists in its present condition as applied does not constitute cruel or unusual punishment, and therefore, is not unconstitutionalâ⬠(Supreme Court of Florida, 1999, p. 3).
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