Amendment VIII Essay

649 Words2 Pages

Introduction
Scholars have engaged in debate concerning the necessity and impacts of Amendment VIII in the correctional system and the American Society. This particular aspect of the Constitution withdraws the ability of the American government to impose additional bail, extreme fines, or brutal and bizarre punishment (Berkman, 2015). The clause has been in existence since the year 1689 when parliamentary members enacted it into law. However, since then informed questions have gone forth concerning the ability of the legal element to deter crime. Moreover, members of the American Society have suggested that Amendment VIII is outdated and is not applicable considering the current inclinations towards crime. Notably, the amendment was meant to …show more content…

This is because although excessive fines may seem unnecessary given the financial abilities of some individuals, incorporation of such fines in criminal sentences can help prevent crime. Further, studies indicate that the fact that individuals may not be able to afford such fines causes potential perpetrators to re-consider before engaging in criminal actions (Exum, 2015). This would indicate that the clause has encouraged criminal behavior in the society because the people are already aware that the hands of the judges are tied when it comes to issuing excessive fines. The direct impact of this amendment has also had a negative impact on correctional …show more content…

Scholarly evidence suggests that the impacts of the amendment have remained negative over the years. The clause has encouraged crime in the society because possible offenders feel protected from harsh sentences and fines they cannot afford. Moreover, correctional systems have turned out to be overpopulated. Whereas more people are willing to violate the civil rights of their fellow men because all they have to fear is a jail sentence. Public safety is also not assured under this amendment, and the society experiences are increasing levels of

More about Amendment VIII Essay

Open Document