Capital Punishment In To Kill A Mockingbird By Harper Lee

The Eighth Amendment is something we have came across before.” One of the biggest arguments we have is the death penalty. This is one of the biggest examples of the 8th amendment that is used in court cases. This leads to big controversy of the death penalty that leads judges making sure they follow the 8th amendment. Lots of people use a defendant that the 8th amendment is being violated when they get charge with this punishment.

Preston Geerinck Per. 1 4/25/17 Mrs. Granahan-Smith Speech Analysis Atticus Finch of the novel To Kill a Mockingbird tackled the task of defending the case of Tom Robinson who was accused of raping Mayella Ewell.

The 8th Amendment is stated as simply as this: “Excessive bail shall not be required, nor excessive fins imposed, nor cruel and unusual punishments inflicted.” We do know some things about the history of the phrase “cruel and unusual punishments”. In 169, a full century before the ratification of the United States Constitution, England adopted the Bill of Rights that prohibited “cruell and unusuall punishments”. In 1776, George Mason included a prohibition of cruel and unusual punishments in the Declaration of Rights he drafted for he Commonwealth of Virginia. In 1791, the same prohibition became the central component of the 8th Amendment to the United States Constitution.

There have been many studies indicating both a positive and negative effect on the homicide count regarding executions. A study by Hashem Dezhbaksh, Paul H. Rubin, and Joanna M. Shepherd published in the Journal of Law and Economics in 2003 concluded that each execution deterred a rough estimate of 18 murders. While another study by Katherine Baicker and Sendhil Mullainathan published in the Journal of Political Economy in 2004 found no evidence supporting that conclusion. This debate in detail would require a whole other paper. Another argument is retribution.

But are we in the future to be prevented from inflicting these punishments because they are cruel? If a more lenient mode of correcting vice and deterring others from the commission of it would be invented, it would be very prudent in the Legislature to adopt it; but until we have some security that this will be done, we ought not to be restrained from making necessary laws by any declaration of this kind’ “ (Bomboy). In other words, Livermore was arguing that all citizens who commit horrible crime do deserve severe punishments for the crimes that they commit, and until the government figures out a way to place restrictions and guidelines on the penalties that we believe are morally proper to give, then they cannot hold back from reprimanding those citizens. Consequently, The Founding Fathers created the Eighth Amendment to be intended for further generations to interpret the meaning of “cruel” and “unusual” over time (Donnell). The amendment was then ratified in 1791 nevertheless, the Eighth Amendment and the death penalty is still highly debated today because the differences in interpretations

Firstly, punishments given cannot be given brutal sentences and punishments. The article states, “The better-known component of the Eighth Amendment is the prohibition against cruel and unusual punishment.” This points out that people cannot be punished in cruel or unusual ways. Secondly, punishments have to be proportionate to the size of their crime. For example, the article notes, “Although this phrase originally was intended to outlaw certain gruesome methods of punishment—such as torture, burning at the stake, or crucifixion—it has been broadened over the years to protect against punishments that are grossly disproportionate to (meaning much too harsh for) the particular crime.”

In today’s day and age, a person does not get put to death for just any crime. A recurring argument against the death penalty is that sentencing a defendant to death violates the Eighth Amendment’s prohibition. The Eighth Amendment protects against cruel and unusual punishment. Mental illness is expressly recognized as a mitigating factor in most death penalty statutes. The Supreme Court came to the conclusion in the case of Ford vs. Wainwright that the use of cruel and unusual punishment under the Eighth Amendment to execute a person whose mental state renders understanding of capital punishment is impossible.

Justice, or known to some men as revenge, is one of the most ancient values known to man. From historic Hammurabi's code to the U.S Justice System, they are all based on the principle that is a wrong has been committed, it must be made right. Over the centuries, prejudice has violated the principle. These fundamentals have been stepped over and crushed through years of cruel, man-made hatred. The trial of Tom Robinson symbolizes the human nature for justice, while turning a blind eye to the truth because of prejudice, through a historical perspective in Harper Lee’s

Capital punishment, or the death penalty, is a legal process in which a person is put to death as a punishment for a crime by the government of a nation. The United States is in the minority group of nations that uses the death penalty. There are thirty-three states that allow capital punishment and seventeen states that abolished it (Death Penalty Information Center). The morality of the death penalty has been debated for many years. Some people want capital punishment to be abolished due to how it can cost a lot more than life imprisonment without parole, how they think it is immoral to kill, and how innocent people can be put to death.

‘To Kill a Mockingbird’, the classic novel by Harper Lee, is centered around the case of a black man being framed for raping a white woman. In the 1930s there was a similar case. The Scottsboro Boys were a group of nine black teenagers accused of raping two white woman on a train. Neither of these cases had any substantial evidence, but the men were still convicted based on the racial inequality of this time period. Although the Scottsboro case and the fictional Tom Robinson case are very similar, the one critical difference was the fate of each of the defendants as prompted by the community.

The justice system has always been the heart of America. But like this country, it has many faults. Prejudice has played a major role in the shaping of this system. In the 1930’s the way a courtroom was set up was completely different from how it looks to day. In the book To Kill A MockingBird, Harper Lee shows just how different it is.

There might be improstion to taking the 8th amendment out of the factor of basically killing someone for breaking the law. Yeah they might have broken the law but killing A person so brutally doesn’t seem fair. If the death penalty never existed then how much different would america even be? In supreme court they stated “The death penalty law isn’t violating the 8th amendment it is somewhat brought into decision “ . My only question is how does the death penalty not violate the 8th amendment?

In order to understand the Eighth Amendment and how it pertains to To Kill A Mockingbird, one needs to understand the unjust ways the death penalty was implemented in the 1930’s with minority groups, especially African Americans. To this day, some still argue over whether the death penalty is discriminating towards African Americans and other minority groups or if it is even constitutional. In the novel, Atticus Finch, a white man, accepts the challenge of defending a black man, Tom Robinson for the accusation of raping and beating a white woman. Atticus is aware of the challenges he will face to persuade the judge and jury that Tom Robinson is innocent, as well as the backlash he and his family will be subjected to as a result of defending a black man. For example Atticus’ kids, Jem and Scout, were getting treated differently because “...Scout Finch’s daddy defended niggers.”

Because the jury did not favor black men, Tom Robinson did not receive a fair trial, although Atticus made a great case. Segregation directly disobeys the fourteenth amendment, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” Maycomb Alabama is where the story, To Kill a Mockingbird takes place. Tom Robinson’s trial out come was not based on factual evidence. Mayella was lying to the jury, while Tom was completely innocent.

This essay aims to investigate the literary context of Harper Lee 's To Kill A Mockingbird (1960) from four different perspectives. The scope of this essay does not only include the context from historical, cultural and social points of views, but also the significance of Lee 's early life is considered. The essay explores deeply the novel 's events, characters and main themes, which can all be related to the literary context. This is why the research question of this essay is “A Study of Literary Context in Harper Lee 's To Kill A Mockingbird”. To Kill A Mockingbird never fails to amaze a reader because of its audacity, as it brings out many controversial issues from 1930s America.