USA HISTORY

MAKING OF A NEW NATION 1776 1800

THE BILL OF RIGHTS THE CONSTITUTIONS FIRST 10 AMENDMENTS

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
Why does the U.S. Supreme Court continue to debate the constitutionality of the death penalty?
A
Citizens are protected from unreasonable search and seizure.
B
Citizens are protected against unfair trials.
C
Citizens are protected against double jeopardy.
D
Citizens are protected from cruel and unusual punishment.
Explanation: 

Detailed explanation-1: -The debate over whether the death penalty constitutes cruel and unusual punishment dates back to the Founding Fathers. The Constitution’s Eighth Amendment states that, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Detailed explanation-2: -In Coker v. Georgia, 433 U.S. 584 (1977), the U.S. Supreme Court held that a penalty must be proportional to the crime; otherwise, the punishment violates the Eighth Amendment’s prohibition against cruel and unusual punishment.

Detailed explanation-3: -On June 29, 1972, the Supreme Court (5-4) decided Furman v. Georgia, finding that the application of the death penalty were unconstitutional because they violated the Eighth Amendment’s ban on cruel and unusual punishment.

Detailed explanation-4: -Major arguments against the death penalty focus on its inhumaneness, lack of deterrent effect, continuing racial and economic biases, and irreversibility. Proponents argue that it represents a just retribution for certain crimes, deters crime, protects society, and preserves the moral order.

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