Death Penalty DBQ EQ: Does the death penalty violate our Constitutional protection from cruel and unusual punishment?

8th Amendment Excessive bail shall not be required, noreexcessive fines imposed, nor cruel and unusual punishments inflicted.

Background Info 1800s BC: Code of Hammurabi of Babylon establishes first recorded death penalty laws for 25 different crimes Fifth Century B.C. Roman Law of the Twelve Tablets. Death sentences were carried out by such means as crucifixion, drowning, beating to death, burning alive, and impalement. 1608: English settlers bring practice of capital punishment to America. First recorded execution is of Captain George Kendall in Jamestown colony for being a spy for Spain

Background Info 1847: Michigan becomes first English-speaking territory in world to abolish death penalty, excluding cases of treason 1930s: 1,667 ppl executed in U.S., more than any other decade 1960s: public opinion turns against d.p. By 1967, executions almost cease: 1972: Furman v. Georgia Supreme Court rules 5-4 that Georgia was applying the death penalty unequally and consistently, making it a cruel and unusual punishment (and therefore unconstitutional) 1976: Supreme Court rules 7-2 to reinstate death penalty in Gregg v. Georgia 1977: Coker v. Georgia death penalty in rape cases is disproportionate to crime and therefore unconstitutional 2003: Worldwide, 115 countries have abolished death penalty

But what do “cruel” and “unusual” mean?

Cruel Excessively painful or brutal Torture dismemberment

Unusual Punishment not usually associated w/a particular crime Life in prison for shoplifting 9 out of 10 jaywalker gets $5 fine and the 10th gets $5,000 fine

Does the death penalty violate our Constitutional protection from cruel and unusual punishment?