Explain why capital punishment is not unconstitutional as “cruel and unusual” punishment.
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Because the language of the Constitution states that “No person shall be held to answer for a capita or otherwise infamous crime unless on a presentation or indictment of a Grand Jury…” we can assume that this form of punishment was thought acceptable at the time that the Bill of Rights was written. To determine constitutionality by today’s standards, courts look to find what the majority of society thinks. An indicator of this is whether or not a majority of the state legislatures find the punishment permissible. The last time the death penalty was challenged, the Supreme Court found that the majority of states did indeed allow for the use of the death penalty. The Justices assumed from this that most members of our society do not have their senses shocked by the use of capital punishment.
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Answer the following statement true (T) or false (F)