American Constitutional Law - Paper Example

Introduction

In the criminal justice system, punishment is used to cause harm or pain to a person who has broken the law. Punishments are used to prevent future crimes and to maintain order in society. Capital punishment is used to execute those who commit capital crimes. Different methods have been used in capital punishment ranging from the ancient methods such as burning alive, crucifixion, and impalement; to present-day techniques such as firing squad, hanging, electrocution, lethal injection, and lethal gas (Vaughn, 2015). This essay aims to provide a brief history of capital punishment in the United States and an explanation of the constitutional ban on “cruel and unusual punishment.

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History of capital punishment

Capital punishment, also known as the death penalty, is a punishment by executing a person judged to have committed a capital crime (Vaughn, 2015). Capital punishment has existed in the western world for thousands of years. In the United States, capital punishment started during the colonial period when the death penalty was legally imposed for early English Settlers' varying crimes. The first time that America experienced capital punishment was when Captain George Kendall, a councilor for Virginia's Jamestown Settlement, was executed in 1608 for being a spy of Spain (Bohm, 2016). Since then, capital punishment was legalized in different colonies across the country. Capital punishment varied from colony to colony. For example, in the Massachusetts Bay Colony’s Puritans, capital crimes included idolatry, witchcraft, blasphemy, sodomy, manslaughter, bestiality, adultery, and man-stealing (Bohm, 2016). Twenty years after Captain Kendall was executed, the Massachusetts Bay Colony held its first execution in 1630 when John Billington was executed for killing his neighbor, John Newcomen. William Penn’s Great Act of 1682 (Pennsylvania) allowed capital punishment for treason and murder only (Bohm, 2016). During the reigns of George II (1727-1760) and George III (1760-1820), the number of capital crimes increased to 100 and 150, respectively (Bohm, 2016). Since the execution of Captain Kendall in 1608, about 20,000 executions have been done under civil authority in the United States.

In the 19th century, some states started to oppose capital punishment, and Michigan was the first to abolish it in 1845, followed by Wisconsin in 1848. Public protests over capital punishment led to a decline in executions as more and more states abolished it. As of 2017, 19 states and the District of Columbia had abolished capital punishment (Vaughn, 2015). Several landmark Supreme Court decisions have shaped capital punishment in the United States. A good example is the 1972 case of Furman v. Georgia, in which the Supreme Court declared capital punishment unconstitutional (Vaughn, 2015).

Four Primary Dimensions of “Cruel and Unusual Punishment”

The concept of “cruel and unusual punishment” describes the terrifying and inhumane methods of executions used in capital punishment during the colonial period (Bohm, 2016). Most of the offenders were tortured and given barbaric treatment. Those punishments were proscribed in the English Bill of Rights (1689). However, such punishments were prohibited in the Eight Amendment of the U.S Constitution and several states’ constitutions (Bohm, 2016).

The Supreme Court interpreted the meaning of the cruel and unusual punishment after the Eight Amendment was adopted in 1791. This amendment states that “excessive bail shall not be required nor excessive fines imposed, nor cruel and unusual punishment inflicted” (Christopher, 2015). The Supreme Court adopted a new meaning of cruel and unusual punishment after addressing several cases. The Supreme Court decision on the case of Furman v. Georgia led to the development of four dimensions of cruel and unusual punishment. The dimensions include the punishment that violates human dignity in the case of torture and barbaric treatment, a severe punishment inflicted in a completely arbitrary way, a punishment that is largely rejected throughout the society, and a severe punishment patently unnecessary (Christopher, 2015). The first dimension implies that capital punishment must satisfy human dignity. The torture and barbarous methods of execution violate human dignity because they are inhumane. Therefore, the principle of human dignity prohibits excessive and cruel punishment (Christopher, 2015). The second dimension means that any punishment that is arbitrary and severe is considered cruel and unusual. For instance, in the case of Furman v. Georgia, Christopher (2015) stated that the defendant’s death penalties were arbitrary and capricious. The third dimension means that capital punishment must be acceptable to contemporary society (Christopher, 2015). The last dimension means that patently excessive punishment is unnecessary because it violates the Eighth Amendment.

Interesting Right Asserted by Inmates

One of the inmates' rights that I find interesting under the Eight Amendment's Cruel and Unusual Punishment clause relates to long stays on the death row. Most of the inmates on the death row are experiencing long delays between death sentencing and execution. The lengthy delays have been associated with the appellate process and the complex justice system (Bohm, 2016). Several inmates protest that the lengthy delays between sentencing and execution are subjecting them to cruel and unusual punishment. A good example is the case of Askari Abdullah Mohammad (alias Thomas Knight), who was a resident of Florida's death row for nearly years (Bohm, 2016).

Mohammad was sentenced to death after killing a couple in Woods in 1975 and later killing a prison guard in 1980. Mohammad was to be executed in 1981, but years of appeals halted his execution date. Twenty-four years after Mohammad was sentenced, Justice Stephen Breyer voted to hear appeals. According to Breyer, delays that had lasted for decades indicate a failure of the states to comply with its constitutional demands and rendered execution inhumane, especially in Mohammad's case (Bohm, 2016). However, Breyer’s move was not successful since Justice Clarence Thomas voted against the appeal claiming that the delay between sentencing and execution was a necessary consequence (Bohm, 2016). Mohammad was executed in 2014 through lethal injection after Florida’s Governor Rick Scott signed his death warrant. The lengthy delays, such as in the case of Askari Abdullah Mohammad, indicate a disconnect between the justice system and the Eighth Amendment's implementation. Long delays in the United States do not constitute cruel and unusual punishment.

Conclusion

Capital punishment in the United States began during the colonial period. Captain George Kendall was the first American to be executed in 1608 for being a spy for Spain. During the colonial period, capital punishment was applied even to small offenses such as trespassing. Capital punishment executed criminals using inhumane and barbaric methods. For example, people could be burnt alive or hanged. These methods were described as cruel and unusual punishment. The Supreme Court interpreted the cruel and unusual punishment using four dimensions. These include the punishment that violates human dignity in the case of torture and brutal treatment, a severe punishment inflicted in a completely arbitrary way, a punishment that is largely rejected throughout the society, and a severe punishment patently unnecessary.

References

Bohm, R. M. (2016). Deathquest: An introduction to the theory and practice of capital punishment in the United States. Taylor & Francis.

Christopher, R. (2015). Death Delayed Is Retribution Denied. Minnesota Law Review, 99(3), 2014-1.

Vaughn, L. (2015). Doing ethics: Moral reasoning and contemporary issues. WW Norton & Company.