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. There might be improstion to taking the 8th amendment out of the factor of basically killing someone for breaking the law. Yeah they might have broken the law but killing A person so brutally doesn’t seem fair. If the death penalty never existed then how much different would america even be? In supreme court they stated “The death penalty law isn’t violating the 8th amendment it is somewhat brought into decision “ . My only question is how does the death penalty not violate the 8th amendment?
The first part is “Excessive bail shall not be required, nor excessive fines imposed”, and the second part “nor cruel and unusual punishments.” For the first part it is because bail is used to encourage the idea that everyone is innocent until proven guilty, the court is not allowed to impose any unwarranted payments in money or property. It’s also to help make sure that bail is affordable for everyone and not made just the top one percent can pay bail. For the second part it is mainly because of Titus Oates gave out unnecessary inhumane punishments out to the wrong people. Due to this the second part of the eighth amendment prevents the state and federal governments from handing out cruel and unusual punishments to criminals. Although, the term “cruel and unusual punishment” is constantly changing as society develops. For example when the amendment was first made cruel and unusual punishment at the time was being burned at the stake or being tortured. Today cruel and unusual punishment can include the death penalty and it was not until a little after the 1970s when the death penalty was considered a part of cruel and unusual punishment.
Crimes are happening around us whether we pay attention to them or not. Those crimes as dangerous as murder are committed by all ages but should younger criminal in their juvenile age received the same punishment as older criminals. On June 25, 2012, the Supreme Court ruled that juveniles committed murder could not be sentenced to life in prison because it violates the Eighth Amendment.(On-Demand Writing Assignment Juvenile Justice) Advocates on the concurring side believes that mandatory life in prison is wrong and should be abolish. However, the dissenting side believe that keeping the there should be a life in prison punishment for juvenile who commit heinous crime regardless of their age. I agree that abolishing the mandatory part but not abolishing the whole Juvenile Life Without Parole sentence because I believed that there are cases when a juveniles should get Juvenile Life Without Parole while there are juveniles who should not deserve it. Some deserve it because they non-repentance killers or to be serial killers while other should not deserve it because of the circumstances required them.
The most important thing is that it simply provides citizens with the framework for our criminal legal systems. This Amendment is very important because it states American Citizens’ rights and what they are upheld to follow when they have been accused of a crime. This Amendment also prevents a defendant from sitting in prison longer than they are going to have too, which are using up other American tax dollars. I like this Amendment because it is impartial and without delay (unless for necessary reasoning). It does not give too much power to the jury nor the defendant. 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
Does the death penalty violate the 8th Amendment? According to the National Constitution Center, the 8th Amendment states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (“Amendment VIII”). There is no objective answer to this, because the courts never clearly stated that the death penalty is cruel and unusual. I do not agree with any part of the death penalty simply because I believe it is cruel in the sense that it strips man of his “right to life” as declared in the Universal Declaration of Human Rights.
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.
Is the complex character created by Edgar Allan Poe a calculated killer or a delusional madman. In the short story “The Tell Tale Heart” by Edgar Allan Poe, the main character has a mental condition which causes him to kill a neighbor. He believes that his neighbor has a “vulture eye” which is the reason why he killed him. Night after night, he watches the man and plans how to kill him. Then one night, he puts his plan into action. He kills the man by slamming a bed over him, then he severs his body and hides him under the floor. Later that night, police come to investigate, but they don’t suspect him. He confidently invites the police man to talk in his house. He is overcome with guilt and ends up
The lethal injection executions illustrates a constitutional violation of the branch 's overreach as described by the 8th amendment due to its cases bring either successful in the execution or providing sufferable pain to death row inmates. One of the current problems in the Judicial branch is the use of lethal injection towards execution sessions. Lethal injection is an injection that is administered for the purpose of euthanasia and capital punishment. There are two methods of lethal injection today, one using a three drug protocol and the 2nd being the large dose of barbiturate. Lethal injection is used for capital punishment as it follows the 8th amendment we have today.
The tenth amendment is an amendment that most people don’t even know because it’s not like the first or second amendment which are hot topics in politics and presidential debates to this day. I believe that the tenth amendment is crucial to our country because if the government had all the power and the states and people didn't have any every state would be the exact same because the same people would make all the laws/rules for the country. The only reason that all of our states aren’t the same is because the states have power so they get to make there own laws on many problems. For example in the middle east three groups of people have taken over the whole thing so some countries have no powers, and 95% of the people have no
The First Amendment is the most important, because of freedom of religion and freedom of speech. Many people think that the fourth amendment is the most important. They think this, because it is important for a person to be able to tell policemen “No” if they ask you if they could search your car or your house. I believe that the fourth amendment is really important, but you wouldn’t be able to tell the policemen “No” if you didn’t have freedom of speech.George Washington said,”If the freedom of speech is taken away then dumb and silent we may be, like sheep to the slaughter” (“Famous Quotes Freedom of Speech”).Without freedom of speech and religion we are nothing.
The Eighth Amendment prohibits inflicting cruel and unusual punishment on citizens. The judicial branch must ensure that the rights and privileges granted to American people by the Constitution are provided equally regardless of their race, sex, or sexual identification (Edmondson, 2017).
Some say mental illness is an invisible disease, one that begins to eat someone from the inside out. Being mentally ill comes in many different forms: from basic depression and anxiety, to schizophrenia and depersonalization. These disorders can make a person feel as though they are losing control over what they are doing, as well as losing sight on what makes them normal. Mental illness can make a person do things that a normal person would not do, simple because of a person 's moral and ethical values. Sometimes, however, a person who is mentally ill commits crimes that are unforgivable. So, in lieu of these crimes, does that mean that the mentally ill should be punished, to the extremes of the death penalty, or should they be forced into
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). Since then, opinions on the death penalty have fluctuated, some claim that is barbarous while others deem it to be necessary. The
On November 21, 1973, Troy Leon Gregg and his companion robbed and murdered Fred Edward Simmons and Bob Durwood Moore, two innocent people who were giving them rides. Gregg was convicted for his actions and was given the death penalty. He argued that the sentence was violating his eighth amendment which is “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (U.S. Const. amend.VIII.) The Supreme Court ruled that it did not violate the eighth amendment and was constitutional. This brings up the question “Was the case properly determined by the Supreme Court or should it be Congress to decide?”
The supreme decision regarding health care in prison is Estelle v. Gamble in 1976. J.W. Gamble was a state prisoner within the Texas Department of Corrections who injured his back when a cotton bale fell on him. Over the next three months, he complained of back and chest pains, was subject to administrative segregation for refusing to work because of continuing pains, he was twice refuse permission to see a doctor. So Gamble filed his complain in court, under section 1983, claim and unusual punishment in his medical care. 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.