Established in the Babalyonian Principles in 1780 BCE, the Code of Hammurabi first established the retaliatory and punishing action of "an eye for an eye". Over time, theories of punishment have developed from punishment, deterrence, incapacitation, rehabilitation, and reform. Regardless of this development, the death penalty has been around as long as history can tell. The death penalty is a concept of punishment, it is a simple and quick response to physical or psychological harm done to a person by the victim or the victim's family. The only difference from ancient times is that the punishment is carried out by our legal system and not by the victim's family. It is fascinating how society has improved to what it is today in all aspects of life, yet we continue to punish those who take part in crime. in an uncivilized and inhumane way. Not only is the death penalty still used throughout the world and in our nation, but it is now also being introduced for juvenile offenders. I firmly believe that the Cruel and Unusual Punishments Clause of the Eighth Amendment prohibits the imposition of the death penalty on juveniles. The Eighth Amendment of the Constitution states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Numerous state constitutions also adhere to similar provisions. Our Constitution created by our country's founding fathers clearly establishes the Eighth Amendment to protect those who have committed crimes. This raises the question: how is the death penalty still part of the legal system and why has it not yet been declared unconstitutional? Some suggest that the best possible response is deterrence. To deter and prevent future crimes... half of the paper... Evidence at the crime scene. As we advance in technology and science, this allows those who have been wrongly committed crimes in the future to be found innocent. The death penalty eliminates this component by ignoring the true justice to be served. I believe not only that the Eighth Amendment protects offenders from cruel and unusual punishment, but that our legal system and our nation should neither represent nor promote the death penalty as a response to violent crimes specifically targeting youth. Our nation was built on values and morals that resist retaliation and punishment. Even our religious beliefs do not condone these actions. We must not turn our backs on troubled youth, but mold them to become productive and successful citizens because they are the future of the world. Works Cited The Challenge of Democracy
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