What about the long stays on death row, does it constitute cruel and usual punishment? What did the Supreme Court decide?

Cite a case-law example from the text that supports your statements and opinions.

 

Sample solution

Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell. 

In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.

God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.

Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.

To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.

 

References

Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.

Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies4(8), 487.

Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.

Sample Answer

Sample Answer

The Constitutionality of Long Stays on Death Row: A Case Study

The issue of long stays on death row and whether it constitutes cruel and unusual punishment has been a topic of debate for many years. The question of whether extended periods of time spent on death row violate the Eighth Amendment’s prohibition against cruel and unusual punishment has been brought before the Supreme Court. In the case of Herrera v. Collins (1993), the Supreme Court addressed the issue of prolonged confinement on death row and its constitutionality.

Thesis Statement

Long stays on death row can indeed constitute cruel and unusual punishment, as they can lead to severe psychological harm and prolonged suffering for inmates awaiting execution. The Supreme Court’s decision in Herrera v. Collins highlights the potential constitutional concerns associated with extended periods of time spent on death row.

Background

In Herrera v. Collins, the petitioner argued that spending over a decade on death row awaiting execution constituted cruel and unusual punishment in violation of the Eighth Amendment. The Supreme Court, in a closely divided decision, ultimately rejected the petitioner’s claim. However, the case brought attention to the issue of prolonged stays on death row and raised important questions about the constitutionality of such practices.

Supreme Court Decision

The majority opinion in Herrera v. Collins held that the mere passage of time spent on death row does not, by itself, constitute cruel and unusual punishment. The Court emphasized that the Eighth Amendment prohibits punishments that involve the unnecessary and wanton infliction of pain, not simply the passage of time itself. Therefore, while long stays on death row may be harsh and distressing, they do not necessarily violate the constitutional prohibition against cruel and unusual punishment.

Case-Law Example

In discussing the impact of long stays on death row, the dissenting opinion in Herrera v. Collins referenced the case of Ford v. Wainwright (1986). In Ford, the Supreme Court ruled that the Eighth Amendment prohibits the execution of individuals who are insane or incompetent. This case demonstrates the Court’s recognition of the importance of considering mental health and well-being in determining the constitutionality of punishments, including those involving death row.

Conclusion

While the Supreme Court’s decision in Herrera v. Collins did not establish a clear precedent regarding the constitutionality of long stays on death row, it brought attention to the potential issues associated with prolonged confinement in such conditions. As society continues to debate the ethics and effectiveness of capital punishment, it is crucial to consider the human rights implications of subjecting individuals to extended periods of uncertainty and suffering while awaiting execution.

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