The Eighth Amendment clearly states the criteria for a punishment and the death penalty does not fit into that criteria when there are alternative punishments that accomplish the same goals but do not involve death. In addition, the Eighth Amendment does not permit the government to constantly impose the death penalty. It is infrequently upheld and is extremely difficult to justify in court. Therefore, it has little credibility because of the inconsistencies associated with the sentence. In consideration to deterring crime, the death penalty has no definite impact on crime. A punishment such as life imprisonment without parole have the same deterrence effect as the death penalty. The Eighth Amendment does not constitute the imposition of this punishment. In addition, the incapability of the death penalty to deter crime and present itself as a more effective punishment than the alternative of life imprisonment without parole, proves this practice to be unjust and calls for reform.