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Importance of the eighth amendment
Essay on the 8th amendment
Essay on the 8th amendment
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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 Supreme
Court has never directly addressed this interpretation
problem, because federal law has always guaranteed that
privilege in all non-capital cases (Compton’s).
Bail furthers the presumption of innocence until
guilt is absolutely proven, beyond the shadow of a
doubt. If it weren’t for bail, the accused suspect
would virtually be serving a sentence for a crime he or
she has not been convicted of committing. Excessive
bail has the same effect. The idea behind bail is to
make sure the accused is present during the trial. If
one’s bail is , in fact, excessive, the amount is set
higher than is reasonable. Logically, bail is usually
not set for an amount greater than the maximum monetary
sentence for the crime with which the defendant is being
charged.(Draper 80)
The most widely known aspect of the eighth
amendment is the fact that it prohibits cruel and
unusual punishment. The stand for “cruel and unusual”
fluctuates, because it all is dependent upon social
issues, standards, and personal beliefs. However, there
are many generalizations that remain very clear, no
matter what the situation. Cruel and unusual punishment
is perceived as punishment that causes “an unnecessary
and wanton infliction of pain”. Punishments that have
been declared entirely unconstitutional without question
by the US Supreme Court include torture and loss of
citizenship. (Garraty 155) This interpretation is
demonstrated by the Supreme Court’s rulings in the case
of Gregg vs. Georgia, in 1976. In this case the court
upheld the constitutionality of the death penalt...
... middle of paper ...
...ations when deciding upon the constitutionality
of all questionable penalties (83).
The Eighth Amendment (as it has been interpreted
by the US Supreme Court) protects Americans from cruel
and unusual punishment, excessive bails and fines, and
unnecessary physical chastisement in schools. However,
whether a sentence is cruel and unusual or a fine is
excessive continually remains to be determined by the
Supreme Court.
Works Cited
Bernstein, Richard, and Jerome Agel. Amending America.
New York: Random House, Inc, 1993.
Compton’s Interactive Encyclopedia. New York: Compton’s
NewMedia, Inc., 1995.
Draper, Thomas. Human Rights. New York: The H. W.
Wilson Company, 1982.
Garraty, John A. Quarrels That Have Shaped the
Constitution. New York: Harper & Row, 1987.
Sundquist, James L. Constitutional Reform and Effective
Government. Washington, DC: The Brookings
Institution, 1986.
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