The Death Penalty 8 th Amendment – Cruel and Unusual Punishment?
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Transcript of The Death Penalty 8 th Amendment – Cruel and Unusual Punishment?
The Death Penalty
8th Amendment – Cruel and Unusual Punishment?
The Death Penalty of Old
Public punishment necessary deterrent.
The more painful the more likely souls could be “cleansed” for heaven.
Also, great entertainment for the public.
Death Penalty for the Founders.
Most Founders did favor the death penalty – BUT did not like torture killings.
Death penalty used only for capital crimes.
Death penalty purpose to quickly end life. “Mere extinguishment of life.”
Death Penalty in USA
Until 1967, death penalty used for murder, rape, theft.
Fuhrman v. Georgia (1972) put a moratorium on executions.
– Only to be used for capital crimes.
– No “capricious” use.
Methods of Execution in 2003
Lethal injection – 545 Electrocution – 149 Gas chamber – 11 Hanging – 3 Firing squad – 2
– *number executed since 1976.
States Methods
Lethal injection – 46 states
Electrocution – 1 state Gas Chamber – 5
states* Hanging – 2 states* Firing squad – 2 states*
– *Alternative methods of lethal injection.
Number of executions by state since 1976
Texas – 245 Virginia – 82 Florida – 51 Missouri – 49 Oklahoma – 40 Louisiana – 26 Nebraska - 3
States that use lethal injection
Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana, Nevada, Tennessee, N. Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, Washington, Wyoming, US Military
States that use Electrocution
Alabama, Arkansas, Florida, Georgia, Illinois, Kentucky, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Virginia
By 2003 - ONLY Nebraska uses the electric chair.
States that use hanging
Delaware, New Hampshire, Washington.
States that use firing squads
Idaho, Oklahoma, Utah
States that use lethal gas
Arizona, California, Maryland, Missouri, Wyoming.
Moratorium on executions until 1976
More than 600 death row inmates had their sentences changed between 1972 – 1976.
Mandatory death sentences ONLY with aggravating circumstances.
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