The 8th Amendment : The Amendments Of The Eighth Amendment

You don't have to worry about a criminal committing the same crime twice, why? Because they won't be alive to even think about it!. The Eighth Amendment to the United States Constitution states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”, in other words, it protects American citizens from excessive or unnecessary punishments, fines, and bails. However, the death penalty is still an exception to “cruel and unusual punishments” when the punishment does not violate the standards of the Eighth Amendment. Based on the creation of death penalty in the eighth amendment, the constitution can be claimed as an inconsistently valuable but viable document in modern America. The death penalty also known as capital punishment is one that brings a lot of controversies but at the same time has been practiced throughout history in different forms and styles.

The Eighth Amendment of the United States Constitution protects us to not be putted into cruel and unusual punishments, but when it comes to the death penalty, things become more complicated. In my personal opinion, I believe the absolute interpretation of the 8th Amendment and that the death penalty undoubtedly violates the 8th Amendment. Looking at the case of “Furman v. Georgia (1972)”, the Court invalidated death penalty laws in the end because the justices considered the punishment of the death penalty was too cruel and unusual to the Furman’ sin, accidentally killing people, and disproportionately using the death penalty would result in more serious problems to the poor and minorities. This decision fully reflected the reliability of

The 8th amendment says that excessive bail shall not be required, or excessive fines, or cruel and unusual punishment.

In the United States Constitution, the 8th Amendment prohibits the use and practices of cruel and unusual punishment. What exactly is considered to be cruel and unusual punishment? This question is a hot topic among America's many different current controversies. Many people are saying that the use of capital punishment (to be sentenced to death as a penalty in the eyes of the law [a capital crime]. An execution [capital punishment]) is a direct violation of the 8th Amendment to the Constitution of the United States (Capital Punishment). They say there should be another way to deal with these criminals other than having them executed. The purpose of this paper is to give a brief history of the death penalty

The rule of being innocent until proven guilty is promoted in the eighth amendment as well. That mean the person being charged shall not face jail time until it is proven that they have done the crime.

The first point to evaluate when looking at the Eighth Amendment is its the rich history. In the 1700’s, years before the Bill of Rights was created, judges would issue unfair punishments to those convicted if the judge favored the plaintiff or prosecutor. Furthermore, there was one man, Titus Oates, that would lie to the judge about his crimes; he would, in turn, blame the crime on other people. He was responsible for killing thirty-five people and managed to avoid punishment through his lies. Oates not only lied but exaggerated causing those that had been wrongly accused to suffer horribly cruel punishment. “His testimony was responsible for the execution of some 35 persons, but, as the frenzy subsided, inconsistencies were discovered in his story.” (Editors 1). These inconsistencies ultimately lead to Oates’s execution. Another example of legal injustice that

The eighth Amendment states that the government is prohibited from cruel and unusual punishment. The death penalty is a complete violation of this amendment. Every one, guilty or innocent has the right to live freely, and the government taking away this simplicity of rights, is unconstitutional.

America is built on the foundation of society being run and well-flowing around the three values the Republic of the United States hold most dear to: equality, freedom, and justice. The rights of the accused is an important factor in maximizing justice. Amendments 4-8 in the Bill of Rights specifically detail how criminal law should be dealt with, and how justice can be ensured every step of the way. The Fifth and Sixth Amendments contain two systems that go hand in hand with one another, a due process and a trial by jury for all citizens. Amendments 4-8, a Due Process, and a Trial by Jury are essential for establishing the rights of the accused and their absence would be detrimental to the effectiveness of the American criminal justice system.

The Eighth Amendment was tested through many Supreme Court and there were some very significant ones such as the Miller v. Alabama. The no cruel or unusual aspect of the Eighth Amendment gives protection of undeserving or unreasonable punishment to a citizen that commits a crime. As Supreme Court cases regarding the Eighth Amendment open and closed the meaning of no cruel or unusual punishment changed; the sentencing of death is not considered cruel and/or unusual to a suspect that is mentally insane this aspect of the Eighth Amendment is important to the wrongfully accused people that are sentenced something for a crime that they did not commit. A significant

There are no groups that would want this amendment changed, but if there were it would be replaced because of abortion. Abortion is a problem in America. Pro-life people believe that it's wrong to have an abortion. Pro-life people are Republicans. Prochoice people think that it’s their own decision on whether they want to have an abortion or not. Prochoice people are Democrats. Another time when people would want to change the Amendment was when a person’s daughter that was raped. That girl’s father would want that man who raped his daughter to be put to death in the most painful way

On the cold night of March 5th, 1770, a mob of American colonists were protesting outside the Customs House in Boston. One colonist threw a snowball hitting Private Hugh Montgomery. Montgomery replied with a shot into the crowd. This led the rest of the British Army soldiers to shoot into the crowd killing five people in an event that would later be known as the Boston Massacre (Foner and Garraty). After this protest, more and more taxes were levied against the colonies, particularly regarding tea. To add, trade with nations besides Great Britain was prohibited. These affronts were met with the tarring and feathering of British tax collectors and the infamous Boston Tea Party. As a result of this, Massachussetts was essentially ruled by martial law. This finally culminated with a declaration of independence by the Second Continental Congress on July 4th, 1776. The United States of America was formed.

The Eighth Amendment to the U.S. Constitution limits the punishments that may be imposed by the government on American citizens. These limits are compulsory among the states by way of the Fourteenth Amendment. The English Bill of Rights of 1689 expressed concern with arbitrary and disproportionate sanctions, giving way to the Founders inclusion of the prohibition against cruel and unusual punishment. To explore the Eighth Amendment it is important to consider constitutionally accepted punishments, the ever-evolving practice of capital punishment, and eighth amendment protection inside prison walls.

The U.S. Constitutional Rights are laws that guarantee the basic rights for the citizens.There are twenty-seven Constitutional Amendments in total, but 10 of them represent The Bill of Rights. The Bill of Rights ensures the basic individual protections such as freedom of speech and religion. The Bill of Rights became part of the Constitution in December 15, 1791 by George Mason.

The 8th Amendment to the Constitution of the United States prohibits cruel and unusual punishment, as well as the setting of excessive bail or the imposition of excessive fines. However, it has also been deemed unconstitutional by the Supreme Court of the United States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances.      The 8th Amendment stipulates that bail shall not be excessive. This is unclear as to whether or not there is a constitutional right to bail, or only prohibits excessive bail, if it is to be granted.

The eighth amendment states that "excessive bail shall not be required, nor excessive fine's imposed, nor cruel and unusual punishments inflicted" (page 101). This amendment can be a little misleading and that may cause problems. This amendment does not say exactly how much is an excessive bail. This can cause problems with people saying that $100,000 bail is excessive. I feel like the amendment should directly explain how much is too much. However, the bail amount should not be the same for all crimes committed. Bringing out a gun in a public place should have a much higher bail than if someone did not pay all of their parking tickets. I also live in Yadkin County, and I feel like the magistrates should take a certification class, but I also