place or even an action. One of the most important cases was the Bailey v. Patterson
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).
The case Furman v Georgia made it all the to the supreme court because it would affect the way the whole country delivered punishment. Although it surprised many people that it made it that far because most people were for capital punishment. Michael Meltsner said,”Georgia was a shock. Before LDF's anti-capital punishment campaign, there had been no successful court challenge of the death penalty — even when it had been handed down in a blatantly racist or totally arbitrary manner” (www.michealmeltsner.com/interview.html).
Worcester v. Georgia is a case that impacted tribal sovereignty in the United States and the amount of power the state had over native American territories. Samuel Worcester was a minister affiliated with the ABCFM (American Board of Commissioners for Foreign Missions). In 1827 the board sent Worcester to join its Cherokee mission in Georgia. Upon his arrival, Worcester began working with Elias Boudinot, the editor of the Cherokee Phoenix (the first Native American newspaper in the United States) to translate religious text into the Cherokee language.
The death penalty is a precedent set centuries ago as a method of punishment for severe crimes. In 1923, the state of Texas declared that those sentenced to death were to suffer through the electric chair by the hands of the state, instead of being hanged by the hands of the counties (TX Executions). Later on, Texas would adopt the lethal injection method. Many see the death penalty as an inhumane violation of the basic rights defined in the Bill of Rights. On the other hand, others may argue that it is unpractical to abolish the death penalty due to the voidance of justice. These arguments can be supported and solidified by the cases of Andre Thomas and Anthony Graves.
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
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Christopher Simmons was a seventeen year old juvenile from Missouri whom in 1993 along with two of his friends, Charles Benjamin and John Tessmer, planned to rob and murder Shirley Crook in her home (Roper v. Simmons, 2004). On the night the crime was to be committed, Tessmer pulled out of the plan, and Simmons and Benjamin would continue on as planned. The two broke into the Ms. Crook’s home, robbed her, tied her up, covered up her eyes, then drove her to a state park and threw her off a bridge. During the trial, evidence, videotaped reenactment and testimony outlining the premeditated plan, allowed for the jury to easily convict Simmons of the crime. Even though Simmons had no previous criminal record and was a minor at the time the crime was committed,
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 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?
Sitting in the living room will never be the same. That was ruined by one person committing a violent act. One night of sexual activity, without consent. People who have committed violent acts against or to another person should face charges equal to the crime committed. This means that the death penalty should be legal for anyone charged and proved guilty of murder and rape. If someone is not an acceptable and active member of society then what is the point of keeping them alive?
200 years into this magnificent nation, America found itself dealing with many political and social controversies, but in the midst of all the madness, one of the most successful companies in the history of the world was founded. 1976 was a defining year for America as the country looked onward to its next century. Apple began to define what it meant to be a computer, the Supreme Court defined the legality of the death penalty, and Escambia High School defined their stance on racial tensions plaguing the town. 1976 was an unforgettable year in America and its significance to the history of our nation is undeniable.
Constitutional Question: Is the death penalty constitutional, or is it a violation of his 8th and 14th amendment rights?
Furman v. Georgia was a famous supreme court case that put restrictions on the death penalty in the state of Georgia and across the Unites States. Before this case, the death penalty had many unfair, racist, and random results (Blanco). Set in the late 1960s, Furman v. Georgia was a case most famous for withholding the death penalty on historically oppressed people in the state of Georgia.
The Williams v. North Carolina case is a Supreme Court case in which the court decided that the federal government determines divorce and marriage statuses between state lines. It casted doubt over the validity of thousands of interstate divorces. Mr. Williams and Ms. Hendrix, who were both married, moved to Nevada for six weeks to become citizens of the state, and filed for divorce from their spouses. Their spouses, Carrie Wyke and Thomas Hendrix, were unaware that the divorces were being filed. Once the divorces were final, Mr. Williams and Ms. Hendrix married and then moved back to North Carolina. They lived there together until they were charged by the state of North Carolina for bigamous cohabitation.