History of Capital Punishment and the Constitutional Ban on Cruel and Unusual Punishment

Capital Punishment
Institution
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Capital Punishment
History of Capital Punishment
The death penalty has been one of the most explosive topics in American history. It continues to generate considerable controversy, with some arguing that it is necessary to abolish it altogether. Death sentence dates as far back as the period when American colonists inhabited the land. Apparently, they inherited it from Great Britain. During those early years, the scope of offenses that warranted capital punishment was substantially expansive (Malik & Holdsworth, 2015). In addition, the sentence comprised an aspect of arbitrariness because the colonists heavily relied on the Bible to pass judgment. For example, child rape did not constitute a capital offense because the Bible did not direct so. All in all, capital punishment became a means through which the system could enact retribution on offenders of the most heinous kind. During the colonial days, society widely accepted it, and it elicited little controversy.
After America gained independence, the framers of the constitution viewed capital punishment as an intrinsically just and divine practice. That perception is duly enshrined in the Fifth Amendment, which states, in part, that a person should only be deprived of life within the confines of the due process of law (Malik & Holdsworth, 2015). During the inception years of independent America, the number of offenses that fell under capital punishment decreased significantly. Many states reduced the offenses to murder, rape, or treason. In addition, the overreliance on the Bible declined as the justice system relied on other progressive factors for guidance. As time progressed, there was mounting agitation for abolishing capital punishment. This led to the reevaluation of methods used in executions. For instance, in 1888, New York introduced the electric chair.
In the early 20th century, intense pressure to abolish the death penalty continued to abound. As a result, ten states bowed to the pressure and abolished the practice. However, they reinstated it almost immediately owing to several factors, including the decline in societal well-being. By 1955, the two most prevalent methods of execution were the electric chair and asphyxiation (Malik & Holdsworth, 2015). Only a few states still used hanging to execute capital offenders. In the 1970s and 1980s, some states adopted the firing squad and lethal injection as their method of execution. The U.S. continues to embrace capital punishment despite intense international pressure, and it is used in 27 states. However, the Supreme Court has relentlessly continued to review the Eighth Amendment and cut down the reach of capital punishment. Despite the efforts, controversies surrounding its use continue to abound.
In Furman vs. Georgia, which took place in 1972, the Supreme Court suspended the death penalty on the grounds that it was unconstitutional. The court held that its use violated the prohibition on cruel and unusual punishment enshrined in the Eighth Amendment (Malik & Holdsworth, 2015). The decision discounted the widely held notion that the death penalty did not constitute cruel and ...