Cruel and Unusual Punishment
The Eighth Amendment states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The Eighth Amendment has two specific “elements” which define an individual’s actual rights retaining to the Eighth Amendment. The first “element,” “excessive bail shall not be required, nor excessive fines imposed” states that fines or bail should not be overly unobtainable or imposed on an individual. The second “element” of the Eighth Amendment, “cruel and unusual punishments inflicted,” states that cruel or unusual punishment will not be inflicted.
The first “element” states that “excessive bail shall not be required, not excessive fines imposed.” Bail is a temporary
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Members of the Communist Party were released into prison after being charged with trying to overthrow the United States Government and each member of the group involved was consequently given a posted bail of $50,000. After appealing the District Court’s decision that $50,000 was a suitable bail considering the Communists crime the case went straight to the Supreme Court where the Supreme Court had to question whether or not the posted bail of $50,000 was considered cruel and unusual by means of the crime committed and the posted bail for other serious felonies. It was the Supreme Court ruling ,in general terms, that determined that the bail of $50,000 given to each member of the Communist Party was cruel and unusual making it unconstitutional. Furthermore, it was in The Supreme Court ruling that forever determined that “a defendant's bail cannot be set higher than an amount that is reasonably likely to ensure the defendant's presence at the trial.” This impacted the meaning of “excessive bail shall not be required” by stating that no bail shall ensure that a criminal must stay in prison until the date of their trial because of an inability to afford the posted …show more content…
The Eighth Amendment applies to me because I am constitutionally protecting myself from “excessive bail shall not be required, nor excessive fines imposed.” The Eighth Amendment also constitutionally protects my right to evade cruel and unusual punishment if inflicted. The right to pay fair bail, fines, and to evade cruel and unusual punishment also applys to my whole family, my friends, and whoever else is in the United States. The Eighth Amendment has the potential to impact my life by protecting my rights and protecting my person from excessive bail or fines imposed and cruel and unusual punishment if I am ever involved in a crime. Overall, the Eighth Amendment is one of the greatest protectors I have from inflicted or imposed cruelty from the
In the United States, a citizen has rights granted to them under documents such as the Constitution, including the Bill of Rights, which gives citizens certain freedoms as long as they obey the law. When someone commits a crime, they are then entitled to aspects such as a speedy trial, a fair jury, an attorney if they wish, and other things, under the sixth amendment. Even if the person is found guilty, as a U.S. citizen they have rights under the eighth amendment which include protection against excessive bail or fines, and cruel and unusual punishment. Since the framers enacted the amendment, the exact definition of cruel and unusual punishment has been difficult to pin down, changing with the times and everyone’s interpretations. Pete Earley’s novel, The Hot House: Life Inside Leavenworth Prison, depicts the conditions in the United States’ toughest prison, where some prisoner recounts, as well as Earley’s
...ts, detailed explanation, and the First Amendment to show how the policy of the armbands goes against the First Amendment. As for Justice Hugo Black, he uses facts and other case decisions to explain why the policy is permissible under the First Amendment. Yet, Justice Black does not explain, in elaborate detail, the facts included nor a strong reasoning behind why he believes the policy is allowed. While Justice Abe Fortas and Justice Hugo Black did include strong points, Justice Abe Fortas was more convincing with his argument. For Justice Abe, every point connected, and the main points introduced were further developed through the case facts, the District Court’s decision, and other case decisions. There is a fluency that Justice Fortas had, which was not present in Justice Black’s dissenting opinion. Justice Black seemed jumpy, and his organization was confusing.
This means that under the laws of human rights he has the right to not be sentenced to death, as it states in the eight amendment.
The eighth amendment of the United States Constitution prohibits cruel and unusual punishments. New Cutting edge technology carries with it the likelihood of new treatment for criminals. A fictional example of such technology is Ludovico treatment, which alters the consciousness of a criminal and makes them non-violent. The use of the Ludovico treatment on prisoners can be considered a cruel and unusual punishment and thus violate the eighth amendment. Even though this treatment may be technically unconstitutional, it would be allowed in the United States for the betterment of society.
The Supreme Court developed the laws governing Victim Impact Statements based on what they thought was a constitutional conflict where the punishment may be enhanced when a statement made by the victim or family may have more of an impact on the sentencing authority than the severity of the crime (Stevens 2000). Or that the victim impact statement may draw the juries attention away from the evidence at hand and the case being decided through emotional not evidence based means. The Eighth Amendment requires that no excessive bail be required, nor excessive fines imposed, nor cruel and unusual punishments be inflicted.
Allows a federal judge to detain an arrestee pending trial if a defendant constitutes a danger to other persons or to the community
The Eighth Amendment states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” (U.S. Constitution, n.d.).
to kill another human being who breaks the law? Why don't we just use life
This case states that Harmelin claims clearly establish a principle that his sentence is so grossly disproportionate that it violates the Eighth Amendment
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The “cruel and unusual” clause in the eighth amendment states that “cruel and unusual punishment” such as torture or lingering death can not be inflicted on anyone as a form of execution. It is however permissible under the 8th Amendment to execute a convict by means of hanging, shooting, electrocution, and lethal gas.
The eighth amendment of the U.S Constitution has been a key part to the justice system from the moment it was created. It provides the basic rights that everyone deserves. The eighth amendment is very important because it guarantees many “freedom from” rights. For example, it protects Americans from cruel and unusual punishments. Without the eighth amendment many people would be punished in an inhumane manner based on the morals of the judge. The eighth amendment is crucial to the U.S Constitution because it promises that all citizens are guaranteed their rights, including the citizens who are felons and display criminal acts.
“Criminal Law and Procedure -Eighth Amendment- Juvenile Life Without Parole Sentences: Graham v. Florida” (2009) Harvard Law Review. N.p., n.d. Web. 6 Apr. 2011.
Many call capital punishment unconstitutional and point to the Eighth Amendment of the Constitution for support. The amendment states that, "Excessive bail shall not be required, nor excessive fines be imposed, nor cruel and unusual punishment be inflicted." Those who oppose the death penalty target the 'cruel and unusual' phrase as an explanation of why it is unconstitutional. Since the Framers of the Constitution are no longer with us and we base our nation on the words in which that document contains, the legality of the death penalty is subject to interpretation. Since there is some ambiguity or lack of preciseness in the Constitution, heated debate surrounding this issue has risen in the last ten years.
Capital punishment remains a cause for debate with people continuing to disagree. on what cruel and unusual punishment consists of. Cruel and unusual punishment being defined as torture or a deliberately degrading punishment, in no way does the death. penalty falls into this category. Having the death penalty in our society deters potential violent offenders from committing crimes, saves the government money, and guarantees that offenders will not commit these crimes again.