8TH Amendment
The 8th Amendment was formed to ensure that punishment for a crime was not cruel or unusual. It also has a clause for those with mental illness so that they will not face the death penalty for committing a crime that a sane person would commit. And those under the age of 18 would not face the death penalty. Since the 8th Amendment was attached to the Bill of Rights in 1791 it has taken on a different meaning for the accused of breaking the law and prisoner of today. In this paper we will look at several cases in which the 8th Amendment has been used in my opinion unethically to justify everything from gender reassignment surgery to claiming that one was mentally insane in order to get out of facing the death penalty.
Excessive Bail
The 8th Amendment was written to protect against excessive bail, excessive fines, and the infliction of cruel and unusual punishment on someone accused of a crime (n.a., 2015). Bail varies from state to state; In the case below we see how a person accused of domestic assault is given what he believe is unfair bail and the court opinion of his claim.
“Fields v. Henry County, Tennessee, 2012 WL 6097334 (6th Cir. December 10, 2012) Fields was charged with domestic assault. After he surrendered, the County Sheriff held him for 12 hours and then released him on $5,000 bond pursuant to a bail schedule. The
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There are a number of cases that have been filed by prison inmates for Cruel and Unusual Punishment that are again in my opinion totally unethical. The cases that are most disturbing are those brought by individuals who want to have sex reassignment surgery. Tax payer should not be responsible for a personal choice. If there is a need for counseling that is great, do it. But when it comes to providing hormone therapy or clothing for a gender that an inmate is not born but relates himself/herself with, is going a bit too
Passed on September 25, 1789 and ratified on December 15, 1791 by Congress, the eighth amendment has been present in the United States for quite some time. Over time, the amendment has morphed and interpreted differently. In the Constitution it states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. In the 1990s, individuals referenced the eighth amendment when discussing capital punishment or the death penalty. Death sentences were most frequent during the 1900s, resulting in some individuals declaring that it went against the amendment (Source A).
The most important issue that must be addressed in this case is the principle of the “evolving standards of decency” and the uses of a national consensus. The “evolving standards of decency” were developed by Trop v. Dulles and have been implemented in one way or another in all of the precedents dealing with “cruel and unusual” punishment. It is important to treat these principles as an important aspect of “cruel and unusual” punishment jurisprudence, therefore turning from these set of principles would be foolish and a disregard for every precedent. However, it is important to acknowledge that each case satisfies the standards by using a different method; some use the presence or lack of state legislature as a judgment of consensus while others look at foreign countries.
In that case, the Supreme Court held that prison staff (whether doctors or officers or any others) violated the Eighth Amendment if they were deliberately indifferent to the serious medical needs of prisoners.
Before, during, and long after the Civil War blacks were discriminated against in almost every form of life. They had to fight and be patient to be accepted as equals among their white counterparts; this process took form over a long period of time, and after many failures, blacks were truly equal in the eyes of the government. The thirteenth, fourteenth, and fifteenth amendments which were passed in the late 1860’s were supposed to bring political, social, and economic equality for the blacks; however, this was not the case, while in some facets of life blacks obtained more freedoms they had to wait many years after these amendments were passed to be fully equal to whites. The thirteenth amendment abolished slavery in the United States.
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated… We all know the fourth amendment. It's the amendment that guarantees our safety within our homes and our personal belongings. Yet, how much do you know about the fourth amendment? The fourth amendment is full of history, controversy, and discussion, even in modern day.
Far too long in this great country of ours have the big corporations taken advantage of the people at the bottom. Unfortunately, because of our laissez-faire oriented feelings this leaves millions of Americans who need to rely on government programs in order to survive. With this in mind the 28th Amendment will tackle the problem of big corporations head on with as little government intervention as possible. This Amendment will be composed of three parts initially the first two focused completely on the corporations themselves while the last part will deal with the individual so that he/
The Eighth Amendment was created to prohibit cruel punishments that the colonists would receive from the British. The British brought colonists over to an unfair trial and then received punishment that sometimes would be death. The writers of the wanted to make sure that the colonists received the fair trial and fair punishment they deserve. The Eight Amendment was ratified in December 5, 1791 as a part of the Bill of Rights. The Eighth Amendment has not been changed since the ratification in 1791.
This Amendment was founded to protect people in America who have been accused of a criminal defense. With this Amendment, we as America will always endeavor and blaze the trail of opportunity, prosperity, and
The 26th amendment states “The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.” My opinion on the 26 amendment is that the voting age should be lowered to 16 instead of 18. I also believe the 2nd amendment should be change which also expresses “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Changing the 26th amendment could gradually increase society being safer. I feel the 26th amendment should be change because people of teenage years seem to know just as much about politics as much as older people.
In 1787 the United States’ constitution was written, two years later the Bill of Rights was added. The Bill of Rights consists of ten amendments which were designed based on the American ideals to ensure that the federal government is not too powerful, and that it would protect the rights of the people or of the state. One of the most important amendments in the Bill of Rights is the sixth amendment which gives the people the right to enjoy a speedy trial when accused, and it allows the accused person to know the cause of accusation and who his accuser is. It clearly represents some of the American ideals such as: democracy, equality, and opportunity. The sixth amendment provides more requirements for a fair trial in criminal cases.
In the late 1700’s, James Madison wrote the first Ten Amendments that are listed in the United States Constitution. The Bill of Rights were written to ensure American citizens that they have freedoms and rights that the government can 't infringe. Out of the Ten Amendments, I believe that the First and Eighth Amendment are the most significant. The First Amendment grants us freedom of speech, religion, press, petition, and for people to assemble peaceably.
The Fourteenth Amendment (Amendment XIV) The amendments were put into place to protect the rights and civil liberties of all American citizens from the federal government. However, prior to the fourteenth amendment, there was no certainty with the constitution. The constitution did not state in a clear enough way who was protected under it and exactly what rights you had as an American Citizen. The 14th amendment was in response to the just passed thirteenth amendment, which ended slavery in all of the southern states.
The Second Amendment protects the right of people to keep and bear arms. This amendment was a controversial among different people in the government. It was between letting the people keep their weapons or to not let the people keep their weapons. This amendment was important to the framers of the Constitution because it provided the country with a well-regulated militia. The Second Amendment states "A well-regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed.
Censorship of The First Amendment This paper will discuss how censorship denies citizens of the United States our full rights as delineated in the First Amendment. It will outline how and why the first amendment was created and included in the Constitution of the United States of America. This paper will also define censorship, discuss a select few legal cases surrounding freedom of speech and censorship as well as provide national and local examples of censorship.
It’s Not working out. By:Taija Jones. The 8th amendment says “Excessive bail shall not be required, Nor excessive fines imposed, Nor cruel and unusual punishments inflicted” . With that being said if the 8th amendment applies for cruel punishments of death penalties then why is it still happening.