Death Penalty DBQ
EQ: Does the death penalty violate our
Constitutional protection from cruel
and unusual punishment?
th
8
Amendment
Excessive bail shall not be required,
noreexcessive fines imposed, nor cruel and
unusual punishments inflicted.
Background Info
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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
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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
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But what do “cruel” and “unusual” mean?
Cruel
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Excessively painful or brutal
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Torture
dismemberment
Unusual
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Punishment not usually associated w/a
particular crime
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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?