In “Kill Capital Punishment” by Janine Espino a Reagan High school student argues that Capital Punishment should be abolished in all fifty states, Espino’s position is vaild.
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 was formed to ensure that punishment for a crime was not cruel or unusual. It also has a clause for those with mental illness so that they will not face the death penalty for committing a crime that a sane person would commit. And those under the age of 18 would not face the death penalty. Since the 8th Amendment was attached to the Bill of Rights in 1791 it has taken on a different meaning for the accused of breaking the law and prisoner of today. In this paper we will look at several cases in which the 8th Amendment has been used in my opinion unethically to justify everything from gender reassignment surgery to claiming that one was mentally insane in order to get out of facing the death penalty.
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 United States Constitution was created in September 17, 1787 to replace the Articles of Confederation. Due to arguments between the Federalists and the Anti-Federalists, the two groups decided to add amendments to the Constitution to appease the Anti-Federalists. The condition was that two-thirds of the states had to approve the amendment before it’s added to the constitution. These conditions are still held today and there are now 27 amendments. Amendments in the constitution are important because they give natural rights to people.
Do you think that the eighth amendment supports the death penalty? According to http://th8thamendment.weebly.com/current-controversies.html “punishment given to criminals is supposed to give some sort of rehabilitation. If the convict is killed, then there is no point to the penalty.” This makes sense because if you get 30 years in prison or a fine, once it is over you get the chance to learn from it and to never make the same mistake again. Also according to http://th8thamendment.weebly.com/current-controversies.html Sister Camille D’Arienz, a catholic nun who started the Declaration of Life movement said “Capital punishment is the only time we punish the person in kind for a crime.” This means that we don’t rob the robber, but we kill the killer. Finally, according to, http://www.thisnation.com/question/018.html , Dr. Jonathan Mott writes, “In ruling that the death penalty is not a "cruel and unusual" punishment under the 8th Amendment, the Supreme Court has cited the 5th Amendment which the Court believes strongly implies that the Framers did not intend to prevent the use of capital punishment. The 5th Amendment guarantees that no one shall be deprived of "life, liberty, or property, without due process of law." The clear implication is that depriving someone of his or her life is permissible under the
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 the short story, “The Tell-Tale Heart” by Edgar Allan Poe, the author writes the story in first person perspective of the main character. The main character acknowledges that he has a disease that allows him to perceive and look at things differently in reality. This mental illness prompts him to want to kill an innocent man because the narrator loathes the old man’s eye. On the eighth night, the main character abruptly kills the old man and confesses to the police because of the panic and pride that has overcome his mind. Now, the killer is found guilty and now is being determined of what is to become of him. In this case, the calculated killer should not receive the death penalty but be given 20 years of prison with psychiatric care based on the 8th amendment, the fact that he murdered someone, and his mental illness.
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.
Capital punishment, also known as the death penalty, and the debate about its abolition is the largest point of the essay written by Steve Earle, titled "A Death in Texas”. This form of punishment should be abolished for 3 reasons; First, It does not seem to have a direct effect on deterring murder rates, It has negative effects on society, and is inconsistent with American ideals.
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
The 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. The prosecutor called Simmons’s age a “mitigating factor” in his
1. The Eighth Amendment prohibits punishments that are no longer acceptable to civilized society and referred to as "cruel and unusual punishments." Discuss the history and reasoning of this Amendment and comment on the views of the Supreme Court and conclude the response with court case examples and their decisions..
There is a worldwide trend in the use of penal imprisonment for serious offenses as capital punishment has been renounced by an increasing number of countries. Harsh punishments include capital punishment, life imprisonment and long-term incarceration. These forms of punishments are usually used against serious crimes that are seen as unethical, such as murder, assault and robbery. Many people believe that harsher punishments are more effective as they deter would-be criminals and ensure justice is served. Opposition towards harsh punishments have argued that harsher punishments does not necessarily increase effectiveness because they do not have a deterrent effect, do not decrease recidivism rates and do not provide rehabilitation. In addition,