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?”
First of all, the Eighth Amendment is an extremely significant part of the Constitution. The Eighth Amendment’s purpose is split into two parts. The first way that the Eighth Amendment is important to the Constitution is that it protects us from high bail prices. According to http://www.annenbergclassroom.org,
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.
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.
This amendment is also very important because people like the police would have too much power over other people. For example a normal person could be patted down and searched just if they looked suspicious and this is a violation of their body and property which they deserve the right to have control of. The Fourth Amendment has dramatically changed our country by protecting people’s personal items and property. Although there are still some mixed opinions about the Fourth Amendment most people are for it and believe that it is a great way for them to feel safe in their homes and with their possessions. Many people that are for the Fourth Amendment believe that it is a great amendment that protects them from unnecessary searches or when police abuse the law and destroy property to find what they need. Although some people think that the Fourth Amendment can be used as an excuse to hide drugs or weapons from the police when they have alleged reasons that what you are doing so is illegal. Now that I have done lot’s of research on the Fourth Amendment I understand that it has had a much larger effect than just protecting U.S. citizens from unreasonable searches and seizures by the government. The writs of assistance showed the colonists they needed a government that had valid reasons to search them or seize their property. Once the colonists had their own government, the ratified the Fourth Amendment to give themselves these protections. Without the Fourth Amendment today there would be much more concern about police biased and prejudice. Even with it, the current protests in Chicago show concern about people's Fourth Amendment rights. Many police officers in Chicago pullover and search people’s cars due to “suspicious” signs of drugs. Most of the people pulled over are black and this not only creates racial tension between
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
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
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 Constitution of the United States is the concrete platform that the nation is built upon which contains fundamental principles in which our nation is governed by. However, much of the Constitution is very ambiguous which leads to controversy in the court room. For example, the Eighth Amendment which states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (Baltzell). The first part of the Eighth Amendment protects accused citizens of the United States from unreasonable and extreme amounts of bail that would prevent them from being released from pretrial containment and it also limits the amount of a fine that can be given to a convicted person (8th Amendment)(Kurt). The
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).
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 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 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.
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 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.