The one reason that is complete BS
enough for me to add a writeup is:
Capital Punishment is cruel and unusual punishment. If killing someone isn't cruel, then I don't know what is.
is very clearly NOT
considered cruel and unusual punishment
. The constitution
, the same one which forbids cruel and unusual punishment
, makes specific mention
of capital punishment.
No person shall be held to answer for a capital, or otherwise infamous, crime, unless on a presentment or indictment of a grand jury
as: "Having reference to, or involving, the forfeiture of the head or life; punishable with death; capital punishment
So just three amendments before that denying cruel and unusual punishment
, the constitution specifically allows capital punishment
upon the indictment
of a grand jury
. Which does not mean that that amendment can't be amended, it just goes to show that cruel and unusual
did not in any way refer to capital punishment
. Otherwise the 8th amendment
would have stricken the mentioning of capital punishment from the 5th amendment
, on a more general note, I must agree there are problems with capital punishment
right now. Statistics show race
as a large factor in the death penalty
. In researching Mumia Abu-Jamal
I learned a lot about how fucked up
our capital punishment
is. It's amazing how many death row
inmates have been released prior to execution only because of DNA
evidence available after their trial. In cases like Mumia Abu-Jamal
in which there is anything BUT clear evidence of his guilt, a highly questionable judge, and a ridiculous court-provided attorney, the death penalty
should not even be considered.
So I'd consider the problem to be not the death penalty
itself, but the horrid legal system
which dishes it out unjustly.
Mumia may have done it, but the point is the trial was far from fair - if he did it, a fair re-trial would still prove it, and everyone would be happy...
should be reserved for only the most clear cut
cases, not just beyond a reasonable doubt
but beyond all
Note: The definition of capital reads "punishable with death"
, not "a crime involving death". The term capital has no direct indication of murder; treason
is a good example of a capital offense lacking death.