Currently in the United States, the death penalty is ruled constitutional. This is a mistake, and capital punishment should be unconstitutional. The imposition of the death penalty has been challenged under the Eighth Amendment of the Constitution that states, Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. 6 (United States Constitution)Throughout its existence, the death penalty has been racially bias, performed on the innocent, and administered cruel and unusual punishment. Many cases have been brought before the Supreme Court arguing that the death penalty should be considered Cruel and unusual punishment. In 1967, the Presidents Commission on Law Enforcement and Administration of Justice found the death penalty is most frequently imposed and carried out on the poor, the Negro, and the members of unpopular groups. 1 (references of www.deathpenalty.org). This finding supported the claim that the death penalty was unusual punishment because it was not administered fairly to everyone. It also one of the major factors that helped to stop in executions and that lasted nearly ten years. On June 3, 1967, the death penalty was put on hiatus while the Supreme Court entertained arguments that attacked the unconstitutionality of the death penalty. The first case to reach the Supreme Court after the unofficial halt of executions was the case of Witherspoon v. Illinois in 1968. In this case the jury handed down a death sentence. The state had purposely excluded all citizens from serving on the jury who had feelings opposing the death penalty. This was not constitutional for the state to do and the Supreme Court agreed saying, states cannot exclude from juries in capital cases all persons opposed to the death penalty.1 (references of www.deathpenalty.org)The case of McGautha v. California was a case in 1971 that argued that leaving the choice between life imprisonments or ...
