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Post by jellyfox on Jan 25, 2008 12:09:59 GMT -6
Hi there, I am currently enrolled in a US Politics module as part of my American Studies degree course at Liverpool university (UK) and one of the topics we discussed was the debate as to why capital punishment can still be used in 38 US states, when the constitution prevents 'cruel and unusual punishment'? After doing a small amount of research, there seems to be a lack of pro-DP literature (scholarly or otherwise) available to me except on internet websites such as this one. In relation to this issue, I watched a documentary in which an English politician (Michael Portillo) researches the possibility of introducing more 'humane' methods of execution, and experiences strong pro-DP views. I'm not sure if this programme was aired in the US but it would be greatly appreciated if you could tell me your personal or representative views as to why it is unacceptable for the 'Hypoxia' method of execution to be used. I am on neither side of the argument, but I would find it very helpful if I could have opinions from those who have a wider knowledge than myself. Also, could someone please explain to me what Black means by "...humanity and painless death are equated - they're not." The following link is part one of the documentary (http://uk.youtube.com/watch?v=Do9VLZCHlN0), but the last few minutes of part five (the interview with Prof. Robert Black) is the part which I feel needed further explanation. Or any kind of contribution to help me understand these issues better would also be appreciated! Thanks!  |
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Post by Ace on Jan 25, 2008 14:55:55 GMT -6
why capital punishment can still be used in 38 US states, when the constitution prevents 'cruel and unusual punishment'?
Because the death penalty is neither cruel nor unusual and is specifically endorsed in the 5th and 8th Amendments. We’re not drawing and quartering people and we are not imposing the death penalty for spitting on the sidewalk. It is only imposed in the most egregious cases where the facts demonstrate beyond a reasonable doubt that the murder was premeditated and that there are accompanying special circumstances. Even then, the state must then prove the aggravating factors outweigh the mitigating ones before death will be imposed.
The talk about “more human methods” is just another stalling technique. There is nothing wrong with LI, hanging, electrocution, firing squad. Any introduction of another method will just create the opportunity for another couple decades of litigation by those opposed to the death penalty -- their only interest is to stop/delay all executions, no matter what the method. That is the purpose behind all these bogus arguments about more humane methods crap. It’s just another stalling technique.
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swif
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Posts: 427
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Post by swif on Jan 25, 2008 15:26:53 GMT -6
I think that it showed that the death penalty by LI is fine if not would anyone go in for an op on the NHS just maybe just in case they woke up through it dont think son!!! Seriously if not, people going to sleep in opertions in that case would not be able to cope with the thought of waking up through it = weigh it up !! IMO
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Post by Donnie on Jan 26, 2008 9:50:39 GMT -6
Hi there, I am currently enrolled in a US Politics module as part of my American Studies degree course at Liverpool university (UK) and one of the topics we discussed was the debate as to why capital punishment can still be used in 38 US states, when the constitution prevents 'cruel and unusual punishment'? Have you done any research into the origin of the prohibition of "cruel and unusual" punishment? Are you familiar with the penalty for murder (and other crimes) at the time that the Bill of Rights was written? Abigail Adams provided some insight into that subject in a letter that she wrote to her husband, President John Adams, while she was traveling in England. |
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Post by Donnie on Jan 26, 2008 9:52:23 GMT -6
Also, could someone please explain to me what Black means by "...humanity and painless death are equated - they're not." Have you ever watched anyone die? Have you ever watched anyone die of cancer? Have you ever experienced minor pain? |
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Post by Donnie on Jan 26, 2008 9:57:29 GMT -6
one of the topics we discussed was the debate as to why capital punishment can still be used in 38 US states, when the constitution prevents 'cruel and unusual punishment'? Have you found, in the Constitution, what gives five unelected judges the authority, power, or right to personally amend the US Constitution that belongs to 300 million other citizens? Are you familiar with the opinion that Thomas Jefferson expressed about the federal judiciary upon his return from France after the Constitution was written? |
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