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Essays on amendment 8
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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 Moreover, members of the American Society have suggested that Amendment VIII is outdated and is not applicable considering the current inclinations towards crime.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
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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
From five states arose delegates who would soon propose an idea that would impact the United States greatly. The idea was to hold a meeting in Philadelphia called the Constitutional Convention in 1787 meant to discuss the improvements for the Articles of Confederation and would later be called the United States Constitution. The United States Constitution was greatly influenced by Ancient Rome, the Enlightenment, and Colonial Grievances.
Sixteenth Amendment- Authorization of an Income Tax – Progressives thought this would slow down the rising wealth of the richest Americans by using a sliding or progressive scale where the wealthier would pay more into the system. In 1907, Roosevelt supported the tax but it took two years until his Successor, Taft endorsed the constitutional amendment for the tax. The Sixteenth Amendment was finally ratified by the states in 1913. The origin of the income tax came William J Bryan in 1894 to help redistribute wealth and then from Roosevelt and his dedication to reform of corporations. I agree with an income tax to pay for all of our government systems and departments, but I believe there was a misfire with “redistributing wealth.” The redistribution is seen in welfare systems whereby individuals receive money to live. This is meant to be a temporary assistance, but sadly, most that are in the system are stuck due to lack of assistance in learning how to escape poverty. There are a lot of government funded programs, but there is no general help system to help lift people up and stay up, so there continues a cycle of
The nineteenth amendment has changed the way women were treated and looked upon.There are many ways the nineteenth Amendment has changed in a bad was, but most of them have made a positive impact. Some people went along with the 19th amendment but some people didn’t think it was a good idea. Some people don’t know what or how the 19th amendment changed positively for women. But this paper is gonna show you all the ways it has positively changed the way people view and act towards women.
In “Bring Back Flogging”, Jeff Jacoby argues why the current criminal justice system in America is not effective or successful. As a solution, he suggests that America should bring back the old fashioned form of punishment once used by the puritans, flogging, as an alternative to imprisonment (198). This article originally appeared in the op-ed section of the Boston Globe newspaper. Therefore, the primary audience of this article is people who want to read arguments about controversial topics and have probably read some of his other articles. His argument that the current criminal justice system is not working is extremely convincing. He appeals to pathos and uses statistics to prove that thesis and to persuade the audience.
...ould be an effective alternative to jail time for non-violent offenses. Though Jacoby’s arguments regarding the current ineffectiveness of the system, the price, and the crime rates in prisons, there have been many accomplishments with gaining people’s rights. For example, the eighth amendment about cruel and unusual punishment is in place because of forms of punishment like flogging. However, for a non-violent crime, I do think many would prefer this even punishment over jail time because of the risks within jails. Therefore, Jacoby’s argument is not reasonable, even in todays day in age.
The Fourteenth Amendment What amendment to the United States constitution is considered to be illegally ratified? What amendment both grants the right to vote to men and then takes away that right to vote? If you answered the fourteenth amendment to both questions you would be right. Although most people think of the fourteenth amendment as being a "civil rights" amendment, it also defines citizenship, voting rights, and states congressional representatives and electors numbers. In this paper I will talk about how the passage of the fourteenth amendment was a relevant event in history, how it impacts our country today, how it is viewed as the civil rights amendment in our textbook, how it has both positive and negative elements to it,
The United State of America, established by the Founding Father who lead the American Revolution, accomplished many hardship in order to construct what America is today. As history established America’s future, the suffering the United State encountered through history illustrate America’s ability to identify mistakes and make changes to prevent the predictable. The 2nd Amendment was written by the Founding Father who had their rights to bear arms revoked when they believe rising up to their government was appropriate. The Twentieth Century, American’s are divided on the 2nd Amendment rights, “The right to bear arms.” To understand why the Founding Father written this Amendment, investigating the histories and current measures may help the American people gain a better understanding of gun’s rights in today’s America.
The purpose of the law was to protect the general public from repeat offenders and effectively “deter” criminals (Jones 2012). The three-strikes law was seen as necessary in states because of a movement referred to as the victims’ movement. The movement brought violent and sex offenders into the public’s attention. As a result, the states created the three-strikes law in order to “silence” the public (Jones 2012). However, the three strikes law doesn’t come without certain consequences, such as over-crowded prison facilities and increase in cost (Jones 2012). The three strike law purpose was to deter crime in the United States; however, research has concluded that the law has not in fact deter crime. For instance, in California the crime rate by 13.8 percent; however, the crime rate declined prior the enactment of the three-strikes law (Jones 2012). The three strikes law also did not display a significant drop in crime rates in populous cities (Jones 2012). One study researched the violent crimes in states that had similar three-strikes laws as those in California and states that did not have a three-strike law. Figure one in the research charted the crime rates in states with a three-strikes law and figure two charted the crime rates in states without a three-strikes law. The two figures verify that the three-strikes law does not contribute to the decline in crime rates because the rate for crime in the
The right to have trial by jury is an easy and simple right letting someone to be able to choose to have their fate be decide by a group of people with having different opinions from different minds letting them have a better chance of finding out the truth, because people have different perspectives in what they see. Which is also a very important right to the freedom we have and to our country. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Which defines as if someone gets charged over twenty dollars, then they’re able to ask for a jury to hear their side of the case before they lose their money and once the jury makes their decision they can not change it. This Amendment is important to our freedom because into the decision of the Farmers while they were writing on the Bill of Rights they thought it would only be fair to have an equal court system.
The Constitution is the foundation of our county it represents liberty and justice for all. We are able to live freely and do, as we desire because of the constitution. The constitution was, signed September 17, 1787 at the Constitutional Convention in Philadelphia. It took time and many debates were held before an agreement was achieved in both the drafting and ratification of the constitution. These disagreements came with several compromises before the constitution was fully ratified on May 29, 1790, with Rhode Island being the last and the thirteenth. The First, challenge was the Articles of Confederation; it was a sort of a draft of the Constitution but was weak and inadequate. Second, obstacle was the Anti-Federalists fight for more
According to the Tenth Amendment in the Bill of Rights: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Though last in the Bill of Rights, it is one of the most powerful and ever changing in interpretation over the course of America’s history. Some historical events that altered its meaning include the Civil War, The Civil Right’s Movement, and even modern event’s like the Supreme Court ruling on gay marriage. In this paper I will discuss how the Tenth amendment has a large effect in both America’s history, but also how it is now portrayed America’s present.
Tenth Amendment Our bill of rights all began when James Madison, the primary author of the constitution, proposed 20 amendments to the bill of rights and not the ten we know of today. Madison sent these twenty proposed rights through the House and the Senate and was left with twelve bills of rights. Madison himself took some of it out. These amendments were then sent to the states to be ratified. Virginia was the tenth state out of the fourteenth states to approve 10 out of 12 amendments.
Mass incarceration has caused the prison’s populations to increase dramatically. The reason for this increase in population is because of the sentencing policies that put a lot of men and women in prison for an unjust amount of time. The prison population has be caused by periods of high crime rates, by the medias assembly line approach to the production of news stories that bend the truth of the crimes, and by political figures preying on citizens fear. For example, this fear can be seen in “Richard Nixon’s famous campaign call for “law and order” spoke to those fears, hostilities, and racist underpinnings” (Mauer pg. 52). This causes law enforcement to focus on crimes that involve violent crimes/offenders. Such as, gang members, drive by shootings, drug dealers, and serial killers. Instead of our law agencies focusing their attention on the fundamental causes of crime. Such as, why these crimes are committed, the family, and preventive services. These agencies choose to fight crime by establishing a “War On Drugs” and with “Get Tough” sentencing policies. These policies include “three strikes laws, mandatory minimum sentences, and juvenile waives laws which allows kids to be trialed as adults.
According to the Bureau of Justice Statistics, in the year 1980 we had approximately 501,900 persons incarcerated across the United States. By the year 2000, that figure has jumped to over 2,014,000 prisoners. The current level of incarceration represents the continuation of a 25-year escalation of the nation's prison and jail population beginning in 1973. Currently the U.S. rate of 672 per 100,000 is second only to Russia, and represents a level of incarceration that is 6-10 times that of most industrialized nations. The rise in prison population in recent years is particularly remarkable given that crime rates have been falling nationally since 1992. With less crime, one might assume that fewer people would be sentenced to prison. This trend has been overridden by the increasing impact of lengthy mandatory sentencing policies.
333-356. Mauer, Marc. A. The Race to Incarcerate. The Case For Penal Abolition?