Research Paper On The 8th Amendment
The Cruel and Unusual Punishment clause is the most imperative and controversial section of the 8th Amendment. In some ways, the clause is very mysterious. What does it mean for a punishment to be “cruel and unusual”? How do we measure punishment’s cruelty? And if a punishment is cruel, why should we care if it’s “unusual”? The 8th Amendment is stated as simply as this: “Excessive bail shall not be required, nor excessive fins imposed, nor cruel and unusual punishments inflicted.” We do know some things about the history of the phrase “cruel and unusual punishments”. In 169, a full century before the ratification of the United States Constitution, England adopted the Bill of Rights that prohibited “cruell and unusuall punishments”. In 1776, George Mason included a prohibition of cruel and unusual punishments in the Declaration of Rights he drafted for he Commonwealth of Virginia. In 1791, the same prohibition became the central component of the 8th Amendment to the United States Constitution. …show more content…
These protections weren’t added with until after the Constitution was ratified. The debates that occurred while the states were deciding whether to ratify the Constitution shed some light on the meaning of the Cruel and Unusual Punishments Clause, because they show why many people though this clause was needed. In addition, the 8th Amendment, according to my own words, is this amendment which ensures that the punishments for crimes are not excessive, cruel or unusual. Meant to safeguard Americans against excessive, cruel or unusual. This was meant to safeguard Americans against excessive punishments if its not clear on what cruel and unusual punishment really
Death Row Inmate's Appeal By Adam Lipptak Summary
284 Words | 2 PagesNew York Times (NYT) column-writer, conversely a certified lawyer, Adam Liptak, in his article, “Supreme Court Rejects Alabama Death Row Inmate’s Appeal”, describes how a death-row inmate from Alabama requests death by a firing squad as opposed to lethal injection, that contains the sedative midazolam, for his death sentence, but was rejected by the Supreme Court of the United States. Liptak’s purpose is to demonstrate that the Supreme Court’s decision to reject the appeal may have been unconstitutional due to the means of execution by lethal injection causing “prolonged torture” rather than a quick death due to midazolam, which disputes the eighth amendment in the Bill of Rights, the first ten amendments of the U.S. Constitution. Liptak develops
8th Amendment Case Summary
57 Words | 1 PagesThe Supreme Court ordered that such “deliberate indifference” to an inmate 's “serious medical needs” was a violation of that inmate 's Eighth Amendment right to be free from cruel and unusual punishment. This case guaranteed three basic rights: the right to access to care, the right to care that is ordered, and the right to professional medical judgment.
Twenty Seventh Amendment Research Paper
665 Words | 3 PagesTwo hundred and two years, seven months, and twelve days is what it took our twenty-seventh amendment to be ratified onto our constitution. Was this a very sensitive and complex amendment that needed meticulous studying and logistics planing? No, the twenty-seventh amendment simply states that no Senators or Representatives can alter their pay during their tenure and only can it be changed when their term is up. In the constitution it states "No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened". While this seems so simple, there seems to be some inherent complexity to it.
Roper V. Simmons Essay
872 Words | 4 PagesThe 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.
Offender In Custody Vs Community Corrections
631 Words | 3 PagesIn the scenario, a community corrections officer subdues an unruly offender who is in custody by spraying mace on the offender, and it also affects another alleged violator in an adjoining area. The Eighth Amendment of the United States Constitution states that there should not be any cruel or unusual punishments inflicted (U.S. Const. amend. VIII). Based on the facts in the scenario, I do not believe that the offender in custody or the alleged probation violator waiting had their Constitutional rights violated.
Eight Amendment Pros And Cons
1219 Words | 5 PagesThe Eighth Amendment of the Constitution prohibits cruel and unusual punishment, stating “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Although the Eighth Amendment is typically used in relation to the discussion of the death penalty or the evaluation of a long prison sentence for a nonviolent crime, in 2011 the Supreme Court used the cruel and unusual punishment portion of the amendment to assess Brown v. Plata, a case which determined whether or not the Eighth Amendment protection is violated if prisoners are deprived of basic sustenance. In the case of Brown v. Plata, 46,000 prisoners were to be released from a federal correction facility as a result of unprecedented overcrowding within a
Meaning And Purpose Of The 8th Amendment
384 Words | 2 PagesOne day you were sitting on your rocking chair, eating rice and then BOOM the police are banging on your door saying you are going to be sentenced to death for littering a sea sponge. In court you say that that is being against the 8th amendment, but the judge still says you are going to die. So what now? OK. This particular example actually never happened but you are still right, being sentenced to death for a small crime like littering is still against the 8th amendment.
Lethal Injection: A Constitutional Violation Of The 8th Amendment
832 Words | 4 PagesThe 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
Examples Of Founding Fathers
1171 Words | 5 PagesThe Eighth Amendment means no excessive bail, and no cruel of unusual punishment. The Eighth Amendment is supposed to ban post-sentencing torture (Cole para. 9). At Guantanamo Bay, which is a military base on American soil, the Eighth Amendment does not apply. One way they torture people is by depriving them of sleep.
8th Amendment Importance
1711 Words | 7 PagesA few short years later, Parliament created the Bill of Rights which prohibited “cruel and unusual punishment” (Stevenson). They descried Titus Oates punishment “as exorbitant, extravagant, barbarous, and inhuman,” therefore becoming the central key reason why the Eighth Amendment was created to put a stop to any more harsh chastisements similar to his (8th Amendment). It was placed into the English Bill of Rights which stated, “That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted,” which later was almost taken word for word and placed into the U.S. Bill of Rights (Levy). The U.S. Constitution reads today, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” for the Eighth Amendment (Baltzell). Then exactly a century later, in 1789, the Constitution was on its way towards ratification
Ratification Of The Eighth Amendment
225 Words | 1 PagesThe 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.
2nd Amendment Research Paper
747 Words | 3 PagesUpdating the Amendment 2.0 The right to bear arms has been a favoured constitutional law since its establishment in 1791, but as more gun related violence and accidents occur, there has been increasing debate on whether or not guns should be banned in the US altogether, and if not, what regulations should be required for the purchase and handling of them. While guns should not be completely banned from the country, the rules and regulations of gun laws should be tightened. In the 2nd amendment, it clearly states that “the right of the people to keep and bear Arms, shall not be infringed.” While this statement still holds true, the evolution of firearms and how they have become more dangerous throughout the years is a clear sign of why the laws should be changed.
How Does Roper V. Simmons Violate The 14th Amendment
490 Words | 2 PagesThe eighth amendment is a protection for American citizens against “cruel and unusual punishment” and “excessive bail”. Roper v Simmons also violates the fourteenth amendment which addresses rights and citizenship, this became another hurdle in the case. The fourteenth amendment states “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws” , in Roper v Simmons the Missouri Supreme Court was close to depriving Christopher Simmons of his life. Since Roper V Simmons states have reevaluated their minimum age for death penalty, 30 states do not even have a death penalty or capital punishment anymore. Cornell Law has also argued that because of Simmons’s age he was mentally incompetent, at the age at 17 Simmons is not eligible to “drink, serve on juries or even see certain movies…” , this was very intimidating and scary to Simmons’s prosecutor.
Argumentative Essay: The Second Amendment
685 Words | 3 Pages" Some reasons why this amendment was made are that the framers wanted adults to know how to use a weapon and to be ready to use a weapon if they were attacked. During this time, the British troops were still attempting to overtake the new land, one of the ways they did this was by attempting to take the people’s guns. There was still reason to believe that British would still attack the new country and the United States did not have a real army, so any military action needed to be responded to by
Death Penalty Violate The 8th Amendment Essay
700 Words | 3 PagesIt’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.
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