The Eight Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel, and unusual punishments inflicted. Previously the Eight Amendment was formed very differently from what we know today. The death penalty has been one of the most discussed topics since it first became a part of society. It is a constant disagreement to prove or challenge whether or not the death penalty is a cruel and unusual punishment which would then now go against the eighth amendment. The death penalty is a suitable sentence, while going through the history, and different methods. Capital Punishment helps deterrence rates, and cost options for the future, and if the death penalty is inhumane, there will no longer be doubt on whether it is
Roper V Simmions, Falls under the 8th amendment cruel and unusual punishment. In Roper V Simmions there was a 17 year old boy with a mental disabitliy who commited a premediated murder was orginally being tried for the death penalty. In this case however there was another individual who did assist in the murder. He wasnt declared “mentally fit” for the trial but some felt his crimes were heneous enough to warrent the death penalty.
The use of midazolam does not violate the 8th amendment. There have only been a few cases that have failed, and we have improved our strategy. Even if the execution takes more than the estimated amount of time, there is not a substantial amount of pain that would be consisered as cruel and unusual punishment. In addition, those being given capital punishment are deprived of life for taking away the lives of others. Opinion of the Court (Justice Samuel A Alito Jr.)
I think that Amendment Eight is important because you have the right to bail, which is very useful in some cases and because if you do something that isn 't even that bad you will just probably get a warning and before this amendment you would probably get put in jail. It states on https://www.google.com/gws_rd=ssl#q=amendment+8+definition, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This supports my answer because it says that that we now have the right to bail and we are free from cruel and unusual
The 8th amendment states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. Justice Samuel and four other justices conclude that the lethal injection does not cause harm and does not violate the 8th amendment according to this article. “ Testimony from both sides supports the District Court’s conclusion that midazolam(medicine) can render a person insensate to pain” says Justice Samuel A. Alito Jr. Justice
According to A source the 8th Amendment to the U.S. Constitution prohibits the use of cruel or unusual punishment or excessive fine or bail during criminal proceedings. Next, my second source says that The Cruel and Unusual Punishments Clause is the most important and controversial part of the Eighth Amendment. In some ways, the Clause is shrouded in mystery. What does it mean for a punishment to be “cruel and
Topic: In the 1970’s, many schools operating in Dade County used corporal punishment as a form of punishment for misbehavior. A male student attending a Dade County Junior High School was forcibly restrained and paddled after failing to allegedly adhere to school policies. The student claimed that the paddling of students as a means of maintaining school discipline constitutes cruel and unusual punishment, violating the Eighth Amendment; Issues: (1) Was it unconstitutional for the school to administer corporal punishment under the Eighth Amendment? (2) Did the school’s principal and vice principal violate the student’s Eighth Amendment by restraining him during punishment? (3) Under the Fourteenth Amendment, was the principal required
The Eighth Amendment of the U.S. Constitution states,”Excessive bail shall not be required, nor excessive fines imposed,
But are we in the future to be prevented from inflicting these punishments because they are cruel? If a more lenient mode of correcting vice and deterring others from the commission of it would be invented, it would be very prudent in the Legislature to adopt it; but until we have some security that this will be done, we ought not to be restrained from making necessary laws by any declaration of this kind’ “ (Bomboy). In other words, Livermore was arguing that all citizens who commit horrible crime do deserve severe punishments for the crimes that they commit, and until the government figures out a way to place restrictions and guidelines on the penalties that we believe are morally proper to give, then they cannot hold back from reprimanding those citizens. Consequently, The Founding Fathers created the Eighth Amendment to be intended for further generations to interpret the meaning of “cruel” and “unusual” over time (Donnell). The amendment was then ratified in 1791 nevertheless, the Eighth Amendment and the death penalty is still highly debated today because the differences in interpretations
The Eighth Amendment is all about punishment. In the Amendment it states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”, as well as allowing the Death Penalty. I believe this Amendment is right. Because of the fact that cruel and unusual punishment wouldn’t be fun, I believe the Death Penalty should be legal, and excessive fines would be crushing to our economy. Cruel and unusual punishment would not be fun.
According to, the Eighth Amendment, the author suggests that, “Eighth Amendment to the Constitution of the United States ensures that bails, fines, and punishments be fair and humane. The amendment prohibits the federal government from imposing excessive punishments upon citizens found guilty in criminal cases. ”(worldbookonline.com). This evidence shows that the Eighth Amendment of the US Constitution requires that punishments, fines, and bail set in criminal cases are reasonable and not overly harsh. The Eighth Amendment also prevents the government from using punishments that are cruel or unusual.
Roper V Simmons involved a juvenile (Christopher Simmons) who committed murder and got the death penalty. Christopher Simmons had the desire to commit murder and thought since he was a minor he would get away with the crime. On September 8th , Christopher Simmons, Charles Benjamin, and John Tessmer met at 2 am and planned to rob and murder a victim, their victim ended up being Shirley Cook. The three found Mrs. Cook in her bedroom, they then proceeded to tie her up and cover her mouth with duct tape , after they drove her to the Meramec River and dropped her off the bridge leaving her to drown. Tessmer fled the scene and ended up testifying against Simmons.
Does the death penalty violate the Eighth Amendment? The U. S. Supreme Court found to uphold the last penalty in Gregg v. Georgia (1976) as an acceptable sentence, when an offender has committed murder and ruled that the judgment did not offend the Eighth Amendment. Yet Americans have a fear of putting an innocent person to death. However, offenders are given the opportunity to have the death sentenced overturned. In fact, a direct appeal begins immediately in some of the sentencing state's highest courts when an offender is sentenced to the death penalty.
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.
In the case of the death penalty, it has the added bonus in guaranteeing that the person would not offend again. Supporters of harsh punishments argue that the would-be criminal would consider the costs versus the benefits of committing a crime. If the costs outweigh the benefits, then it is assumed that he would stop what he is doing, effectively ‘deterred’. Furthermore, the usage of harsh punishments to effectively deter crime is ethically justified as it prevents more people from falling victim to crime. However it is extremely difficult to judge a punishment’s effectiveness based on its deterrence effect, consequently we must consider other variables that would entail a person to commit a crime.
Capital punishment also deters crime and prevents future crime. Finally the last benefit is closure for the families of the victims. So all in all, capital punishment has its benefits and should be used more. Overpopulation is an epidemic which will only get worse as we repopulate, whether it’s in prisons or out, it’s a problem. Death penalty helps with that.