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the death penalty

In order to determine whether the death penalty is to be considered cruel and unusual punishment, it is necessary to first define each word in order to get full understanding of the issue. According to the Merriam Webster Dictionary, cruel is defined as "causing pain and suffering to others: MERCILESS"(pg. 189). Unusual is defined as "not usual: UNCOMMON, RARE" (pg. 795). Justice is defined as "the administration of what is just (as by assigning merited rewards or punishments): JUDGE: the administration of law: FAIRNESS" (pg. 407). Punishment is defined as " retributive suffering, pain, or loss: PENALTY: rough treatment" (pg. 592). So the question is, is the death penalty Merciless and Uncommon or Rare, or is it Fairness in terms of Penalty? This is the question of long debate as can be seen in our separation of states on this matter. As of to day nether side of this debate can render solid evidence to their claims.

The two sides of this debate you have the Retentionists, those in favor of the death penalty, and the Abolitionists, those in favor of doing away with the death penalty. The retentionists believe that dea


In closing the death penalty is an important tool of the states and our Federal Government in the combat of justice. The death penalty can deter many years of legal debates when a person pleads guilty for a lesser sentence.

The death penalty was found not to be unconstitutional in the Opinion in Gregg v. Georgia for the person was judged by a jury of his pairs and that to is a constitutional right; the wishes of the jury must be carried out. The constitution is this countries greatest gift of liberty and justice; however, it can contradict itself and be misused. We can see this with the Second Amendment. The same is true of statistical data; it can be misused or miscalculated. The numbers given to use in these readings we accept as fact. However, as with all statistical information I must ask to see the data and know how it was collected before I can believe the numbers in front of me. We can skew any data in our favor regardless of the true belief of the people or facts at hand.

The abolitionist will also play the "race card" saying that people of color are sentence to death more often then whites for the same crime. They will offer statistic and use the Eighth and Fourteenth Amendments to uphold their claims. This is exactly how Justice Thurgood Marshall offered his Dissenting Opinion in Gregg v. Georgia. Marshall states that "A recent study...has confirmed that the American people know little about the death penalty, and that the opinions of an informed public would differ significantly"(pg.122). Today, the death penalty is still in active practice in the majority of the states, are we, the American people, still uninformed. Justice Marshall also

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Approximate Word count = 1131
Approximate Pages = 5 (250 words per page double spaced)


  

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