Supreme Court Cases and the Eighth Ammendment

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.

2.) The case was brought to state court by Thomas Van Orden over a monument that had the Ten Commandments engraved upon it. The monument was given to the Texas government and governor Rick Perry. The monument was erected between the State Capitol and the State Supreme Court. Van Orden argues that the monument violates the 1st Amendment’s Establishment Clause. The Establishment Clause, which is the one of the first clauses in the 1st Amendment of the U.S. Constitution, states that the United States Congress should not enact any law in respect to any religion.

In addition to providing comprehensive background information, this website includes specific examples of how this law has impacted society. For example, it details an important case: Ewing V. California. Ewing, who was on parole, was convicted and sentenced to twenty years to life for stealing three golf clubs worth $399 a piece from a Los Angeles country club. Ewing filed an appeal stating that his sentence violated the eighth amendment against cruel and unusual punishment. Since Ewing had previously been convicted of four different crime, The U.S. Supreme court upheld the sentence and refused to further review the case.

In my opinion, the 8th amendment is important because this amendment gives people the right against excessive bail, fines, or cruel and unusual punishment. No citizen of the United States should be subjected to cruel or insane punishment, and they shouldn 't have to pay a bail amount that is too excessive for the crime. This Amendment was added to the Bill of Rights to ensure greater stability and was a compromise between the legislature election in the original non-party elections and the new president. The Amendment’s Bail Clause is a result of injustices perpetrated in England, were judges often abused their power in determining whether bail should be allowed to suspects. After a number of unsuccessful attempts at reforming the law, the English Bill of Rights in 1689 specifically outlawed excessive bail. The U.S. supreme court 's held in 1987 that the eighth Amendment 's Bail Clause had only one meaning that bail conditions, when compared with the magnitude of

The Eighth Amendment, ratified in 1791, and it had three clauses. The clauses are Cruel and Unusual Punishment, Excessive Fines, and Excessive bail. The Cruel and Unusual Punishment means that the state and federal government restrict how extreme the punishment is to a person who has done a crime. This clause is made so that the people that are accused are not tortured and killed cruelly. The Excessive Fines restrict the state and federal government the amount of money a person fined for a crime. This clause created was so that the government cannot take a lot of your money away. The Excessive bail means that courts can’t give a tremendous amount of bond to a person who has broken the law. This clause created so that the judge and jury cannot already make their decision before the case even begins. This is why the saying “an accused is presumed innocent until found guilty” is established.

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

One of the many things that has been highly controversial and still is to this very day is how to properly punish and treat criminals. Here in America we now have the Eighth Amendment to protect us from cruel and unusual punishment. This was based off of a Parliament Act of 1689 that created England’s Bill of Rights. Before England had come up with the idea that humans should have guaranteed basic rights, it wasn’t a matter of whether or not a criminal would die, as much as it was a matter of how they would die. Torture devices such as the guillotine, the stake, the brazen bull, and the rack were used to spread the idea of fear and punishment that was ineffectually used by leaders to try and control their people throughout the history of Europe.

The Bill of Rights was like a pinky promise made between the new government and the States. One of the more well known promises made by the Bill of Rights was the second amendment which protected the rights of the populace preventing the federal government from infringing on “the right of the people to keep and bear arms.” (Bill of Rights, 1791). This was originally intended to preserve the ability of the people of the United States to once again overthrow tyrants if the need arose. Not coincidentally, George Washington himself was afraid that even he could become a tyrant.

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.

Capital Punishment is Not Only Unusual, But Cruel      The most widely known aspect of the eighth amendment is the fact that it prohibits cruel and unusual punishment. Cruel and unusual punishment is perceived as punishment that causes “an unnecessary and wanton infliction of pain” (Bailey). Is capital punishment cruel and unusual? It is one of the most controversial topics in America today. In effect since the 1600s, the US Supreme Court ruled that the death penalty was “cruel and unusual” in 1972 but reversed this decision when a "cleaner" way to bring about death was found in 1976 (Encarta).

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.

The Eight Amendment entails that every penalty inflicted by the government be in proportion with the crime entrusted by the defendant. Penalties that are unreasonably inconsiderate will be turned over on petition. For instance, punishments that have been turned over for being irrational are two Georgia (Coker v. Georgia, and Eberheart v. Georgia) decrees that ordered the death penalty for rape and kidnapping. According to the Supreme Court, the Eighth Amendment prohibits some penalties completely, and prohibits some other penalties that are extreme when evaluated to the offense, or to the capability of the performer. The U.S. Supreme Court interpretation of the

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.

    In the Eighth Amendment of the Constitution of the United States, it is stated that cruel and

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