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Death penalty cruel and unusual punishment essay

Death penalty cruel and unusual punishment essay

death penalty cruel and unusual punishment essay

Oct 08,  · The death penalty is an issue that has the United States quite divided. While there are many supporters of it, there is also a large amount of opposition. Currently, there are thirty-one states in which the death penalty is legal and nineteen states that have abolished it (Death Penalty Information Center, November 9th ) Nov 15,  · Persuasive essay topics unusual: Crime and punishment argumentative essay, problem of traffic essay words in hindi. Death penalty in the philippines essay tagalog, language development psychology essay stricter gun control laws essay mom essay short conclusion for self evaluation essay History of the Death Penalty Initial Ban. In Furman v. Georgia, U.S. (), the Court invalidated existing death penalty laws because they constituted cruel and unusual punishment in violation of the Eighth Amendment. The Court reasoned that the laws resulted in a disproportionate application of the death penalty, specifically



Death Penalty | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute



Lingchi simplified Chinese : 凌迟 ; traditional Chinese : 凌遲translated variously as the slow processthe lingering deathor slow slicingand also known as death by a thousand cutswas a form of torture and execution used in China from roughly until It was also used in Vietnam and Korea.


In this form of execution, a knife was used to methodically remove portions of the body over an extended period of time, eventually resulting in death. Lingchi was reserved for crimes viewed as especially heinous, such as treason. Some Westerners were executed in this manner. Even after the practice was outlawed, the concept itself has still appeared across many types of media.


The term lingchi first appeared in a line in Chapter 28 of the third-century BCE philosophical text Xunzi. The line originally described the difficulty in travelling in a horse-drawn carriage on mountainous terrain. The process involved tying the death penalty cruel and unusual punishment essay prisoner to a wooden frame, usually in a public place.


The flesh was then cut from the body in multiple slices in a process that was death penalty cruel and unusual punishment essay specified in detail in Chinese law, and therefore most likely varied. The punishment worked on three levels: as a form of public humiliation, as a slow and lingering death, and as a punishment after death. According to the Confucian principle of filial pietyto alter one's body or to cut the body are considered unfilial practices.


Lingchi therefore contravenes the demands of filial piety. In addition, to be cut to pieces meant that the body of the victim would not be "whole" in spiritual life after death.


This method of execution became a fixture in the image of China among some Westerners. Lingchi could be used for the torture and execution of a person, or applied as an act of humiliation after death. While it is difficult to obtain accurate details of how the executions took place, they generally consisted death penalty cruel and unusual punishment essay cuts to the arms, legs, and chest leading to amputation of limbs, followed by decapitation or a stab to the heart.


If the crime was less serious or the executioner merciful, the first cut would be to the throat causing death; subsequent cuts served solely to dismember the corpse. Art historian James Elkins argues that extant photos of the execution clearly show that the "death by division" as it was termed by German criminologist Robert Heindl involved some degree of dismemberment while the subject was living. The condemned individual is not likely to have remained conscious and aware if even alive after one or two severe wounds, so the entire process could not have included more than a "few dozen" wounds.


In the Yuan dynastycuts were inflicted [15] but by the Ming dynasty there were records of 3, incisions. The flesh of the victims may also have been sold as medicine. The Western perception of lingchi has often differed considerably from actual practice, and some misconceptions persist to the present.


The distinction between the sensationalised Western myth and the Chinese reality was noted by Westerners as early as That year, Australian traveller George Ernest Morrisonwho claimed to have witnessed an execution by slicing, wrote that " lingchi [was] commonly, and quite wrongly, translated as 'death by slicing into 10, pieces' — a truly awful description of a punishment whose cruelty has been extraordinarily misrepresented The mutilation is ghastly and death penalty cruel and unusual punishment essay our horror as an example of barbarian cruelty; but it is not cruel, and need not excite our horror, since the mutilation is done, not before death, but after.


According to apocryphal lore, lingchi began when the torturer, wielding an extremely sharp knife, began by putting out the eyes, rendering the condemned incapable of seeing the remainder of the torture and, presumably, adding considerably to the psychological terror of the procedure.


Successive rather minor cuts chopped off ears, nose, tongue, fingers, toes and genitals before proceeding to cuts that removed large portions of flesh from more sizable parts, e. The entire process was said to last three days, and to total 3, cuts.


The heavily carved bodies of the deceased were then put on a parade for a show in the public. John Morris Robertsin Twentieth Century: The History of the World, death penalty cruel and unusual punishment essay, towrites "the traditional punishment of death by slicing became part of the western image of Chinese backwardness as the 'death of a thousand cuts'.


Although officially outlawed by the government of the Qing dynasty in[31] lingchi became a widespread Western symbol of the Chinese penal system from the s on, and in Zhao Erfeng 's administration.


The abolition was immediately enforced, and definite: no official sentences of lingchi were performed in China after April Regarding the use of opium, as related in the introduction to Morrison's book, Meyrick Hewlett insisted that "most Chinese people sentenced to death were given large quantities of opium before execution, and Morrison avers that a charitable person would be permitted to push opium into the mouth of someone dying in death penalty cruel and unusual punishment essay, thus hastening the moment of decease.


Lingchi existed under the earliest emperors, [ citation needed ] although similar but less cruel tortures were often prescribed instead. Under the reign of Qin Er Shithe second emperor of the Qin dynastymultiple tortures were used to punish officials. The method was prescribed in the Liao dynasty law codes, [40] and was sometimes used. Another early proposal for abolishing lingchi was submitted by Lu You — in a memorandum to the imperial court of the Southern Song dynasty.


Lu You there stated, "When the muscles of the flesh are already taken away, the breath of life is not yet cut off, liver and heart are still connected, seeing and hearing still exist. It affects the harmony of nature, death penalty cruel and unusual punishment essay, it is injurious to a benevolent government, and does not befit a generation of wise men. This anti- lingchi trend coincided with a more general attitude opposed to "cruel and unusual" punishments such as the exposure of the head that the Tang dynasty had not included in the canonic table of the Five Punishmentswhich defined the legal ways death penalty cruel and unusual punishment essay punishing crime.


Hence the abolitionist trend is deeply ingrained in the Chinese legal tradition, rather than being purely derived from Western influences.


Under later emperors, lingchi was reserved for only the most heinous acts, such as treason, [44] [45] a charge often dubious or false, as exemplified by the deaths of Liu Jina Ming dynasty eunuch, and Yuan Chonghuana Ming dynasty general.


Inlingchi was inflicted on a group of palace women who had attempted to assassinate the Jiajing Emperoralong with his favourite concubine, Consort Duan, death penalty cruel and unusual punishment essay. The bodies of the women were then displayed in public. Lingchi was also known in Vietnam, notably being used as the method of execution of the French missionary Joseph Marchandinas part of the repression following the unsuccessful Lê Văn Khôi revolt. An account by Harper's Weekly claimed the martyr Auguste Chapdelaine was also killed by lingchi but in China; in reality he was beaten to death.


As Western countries moved to abolish similar punishments, some Westerners began to focus attention on the methods of execution used in China. As early asthe time when Britain itself moved to abolish the practise of hanging, drawing, and quartering from the British legal system, Thomas Francis Wadethen serving with the British diplomatic mission in China, unsuccessfully urged the abolition of lingchi.


The first Western photographs of lingchi were taken in by William Arthur Curtis of Kentucky in Guangzhou Canton. French soldiers stationed in Beijing had the opportunity to photograph three different lingchi executions in and [59]. Accounts of lingchi or the extant photographs have inspired or referenced in numerous artistic, literary, and cinematic media. Some works have attempted to put the process in a historical context; others, possibly due to the scarcity of detailed historical information, have attempted to extrapolate the details or present innovations of method that may be products of an author's creative license.


Some of these descriptions may have influenced modern public perceptions of the historic practice. Susan Sontag mentions the case in Regarding the Pain of Others One reviewer wrote that though Sontag includes no photographs in her book — a volume about photography — "she does tantalisingly describe a photograph that obsessed the philosopher Georges Bataillein which a Chinese criminal, while being chopped up and slowly flayed by executioners, rolls his eyes heavenwards in transcendent bliss.


The philosopher Georges Bataille wrote about lingchi in L'expérience intérieure and in Le coupable He included five pictures in his The Tears of Eros ; translated into English and published by City Lights in The "death by a thousand cuts" with reference to China is also mentioned in Malcolm Bosse 's novel The ExaminationAmy Tan 's novel The Joy Luck Cluband Robert van Gulik 's Judge Dee novels. The photos are mentioned in Thomas Harris ' novel Hannibal [71] and in Julio Cortázar 's novel Hopscotch.


It is also a main plot element in D. Weiss 's novel Lucky Wander Boy. In Gary Jennings 's novel The Journeyerthis form of execution plays a role, including an extreme version of it where the condemned is sustained by being fed their own flesh as it is removed.


A scene of Lingchi appeared in the film The Sand Pebbles. Inspired by the photos, Chinese artist Chen Chieh-jen created a minute, video called Lingchi — Echoes of a Historical Photographwhich has generated some controversy. It is a method of execution in the TV series The Lingchi was portrayed in the Netflix-exclusive TV series Jessica Jones.


The method of Lingchi was also described in the TV series Orange is the New Black. Track number 10 on Taylor Swift's seventh studio album is entitled "Death by a Thousand Cuts" and compares the pain of a breakup to this form of torture.


Naked City 's album Leng Tch'e is also about this topic. From Wikipedia, death penalty cruel and unusual punishment essay, the free encyclopedia. Archaic Chinese method of torture and execution.


For other uses, see Death by a thousand cuts disambiguation. Lingchi in traditional top and simplified bottom Chinese characters. This article appears to contain trivial, minor, or unrelated references to popular culture.


Please reorganize this content to explain the subject's impact on popular culture, providing citations to reliable, secondary sourcesrather than simply listing appearances. Unsourced material may be challenged and removed.


August 历代刑法考 [Research on Judicial Punishments over the Dynasties] in Chinese. China: Zhonghua Book Company. ISBN Death by a Thousand Cuts.


Cambridge, MA: Harvard University Press. Twentieth Century: The History of the World, to Jimo : Jimo Cultural Network. Archived from the original on 5 August Retrieved 25 May 大誥 [ Letters Patent ], death penalty cruel and unusual punishment essay. 先撥志始 [ Volume One of the History ]. 弇山堂别集 [ Yanshan Hall Collection ]. 酌中志 [ Discretion in Chi ]. Suzhou Magazine 苏州杂志 in Chinese. ISSN Archived from the original on 27 December 明史紀事本末 [ Major Events in Ming History ] in Chinese.


UDN in Chinese. Retrieved 27 December The Object Stares Back: On the Nature of Seeing.




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death penalty cruel and unusual punishment essay

Oct 08,  · The death penalty is an issue that has the United States quite divided. While there are many supporters of it, there is also a large amount of opposition. Currently, there are thirty-one states in which the death penalty is legal and nineteen states that have abolished it (Death Penalty Information Center, November 9th ) Jun 08,  · The modern death penalty was designed to guide prosecutors, judges and juries toward the criminals most deserving of death. But after four decades of tinkering, capital punishment is still a The Eighth Amendment (Amendment VIII) of the United States Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual blogger.com amendment was adopted on December 15, , along with the rest of the United States Bill of Rights. The Amendment serves as a limitation upon the federal government to impose unduly harsh penalties

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