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Death Penalty

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Business Law
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SURNAME 1
Death Penalty
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SURNAME 2
Introduction
The Congress and the state legislatures are at liberty to prescribe the death penalty for
criminal offences such as murder. The death sentence is also commonly known as capital
punishment. There has been a prolonged debate as to whether or not the death penalty violates
the Eighth Amendment clause against cruel and unusual punishments. Parties such as the
American Civil Liberties Union argue that the death sentence is violation of the Eighth
Amendment and as a result must be banned (Canes-Wrone et al., 25). Other parties such as state
and the Congress on the other hand believe that the death penalty is legal and hence is not a
violation of the Eighth Amendment. This debate has been going on for a very long time with
each party strongly arguing its case. However, only the Supreme Court has the power to
determine whether or not the death penalty is unlawful and a violation of the Eighth Amendment.
In the past cases, the Supreme Court has ruled that the death penalty is not a per se infringement
of the Eighth Amendment clause against cruel and unusual punishments (Epstein, & Thomas
585). However, the Supreme Court has further argued that although the death penalty is not
unlawful, there are some limitations to the use of the death penalty as identified in the Eighth
Amendment and identified guidelines that describe procedural aspects of executing the death
sentence and the manner of carrying out the execution.
The American Civil Liberties Union argues that the death penalty violates the Eighth
Amendment clause that prohibits against cruel and unusual punishments. The Union has further
argued that the death penalty violates two important clauses provided by the Fourteenth
Amendment that include the equal protection by the law guarantee as well as the due process

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SURNAME 1 Death Penalty Student Name: Professor Name: Course Name &Number: University: Paper Due Date: SURNAME 2 Introduction The Congress and the state legislatures are at liberty to prescribe the death penalty for criminal offences such as murder. The death sentence is also commonly known as capital punishment. There has been a prolonged debate as to whether or not the death penalty violates the Eighth Amendment clause against cruel and unusual punishments. Parties such as the American Civil Liberties Union argue that the death sentence is violation of the Eighth Amendment and as a result must be banned (Canes-Wrone et al., 25). Other parties such as state and the Congress on the other hand believe that the death penalty is legal and hence is not a violation of the Eighth Amendment. This debate has been going on for a very long time with each party strongly arguing its case. However, only the Supreme Court has the power to determine whether or not the death penalty is unlawful and a violation of the Eighth Amendment. In the past cases, the Supreme Court has ruled that the death penalty is not a per se infringement of the Eighth Amendment clause against cruel and unusual punishments (Epstein, & Thomas 585). However, the Supreme Court has further argued that although the death penalty is not unlawful, there are some limitations to the use of the death penalty as identified in the Eighth Amendment and identified guidelines that describe procedural aspects of executing the ...
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