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. The eighth amendment dates back to the English bill of rights from 1689. It was eventually used in Virginia's Declaration of Independence in 1776. However, years passed by until it was taken before congress. It was ratified on December 15, 1791. This amendment was created simply to protect the rights of those who have done wrong. The eighth amendment protects Americans from three important things: excessive bail and fines, and cruel and unusual punishments. The first two issues that eighth amendment prohibits is excessive bail and fines. The excessive bail clause prohibits courts from demanding excessively high amounts of bail, and the excessive fines clause prohibits courts from charging excessively high amounts of fines. The Constitution does not give a clear meaning on what “excessive bail and fines” means, but the Stack v Boyle case did (Lemieux, "The Supreme Court's Empty Eighth Amendment Promise”). Stack v Boyle was a U.S Supreme Court case where the bail was set at an amount of $50,000 which was higher than the bail set with similar and even more serious cases. This case established that bail and fi... ... middle of paper ... ... rape or treason was committed ("8th Amendment to the Constitution – U.S. Amendment VIII Summary"). However, there are some cases where the death penalty is unacceptable regardless of the crime. In the Supreme Court case of Roper v Simmons the court decided that the execution of someone for a crime they committed when they were a minor violated the eighth amendment . The court case of Atkins v Virginia established that the death penalty is not an acceptable punishment for mentally ill felons (Lemieux, "The Supreme Court's Empty Eighth Amendment Promise"). The Supreme Court has also ruled that executing anyone under the age of 18 is an act of cruel and unusual punishment ("8th Amendment to the Constitution – U.S. Amendment VIII Summary"). The death penalty is the worst punishment a person could get, and because of that there are many restrictions on when to use it.
The Fourth, Fifth, Sixth, and Eighth Amendments are part of the Bill of Rights which includes the first ten Amendments to the Constitution of the United States. These rights apply to the citizens of our great country. The Fourth Amendment covers search laws and has a significant impact on law enforcement procedures. If these procedural rights are not followed, there can be devastating consequences to the outcome of a case.
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 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
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.
In the late 1600’s judges were known as servants to the king. There rulings weren’t always fair so, they debated for their freedom and won their independence that they felt they needed from their king. The Seventh Amendment was created for the sake of the people, allowing them to get a fair trial. Giving each accused a chance to defend themselves, allowing a body of people decide if you will be guilty or innocent instead of having just one judge alone
I think that executing a minor violates the 8th amendment, “No cruel or unusual punishment.” If a little kid makes a mistake and accidentally shoots a gun or does something that kills someone, and they are executed I think that that falls under cruel and unusual punishment.
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away. Every single one of these freedoms is important for the United States of America. However, the second amendment is especially important to our nation because it allows the people to protect their freedom and defend themselves and the common good against an overreaching government.
The Second Amendment states, “A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” This statement basically means that people should be able to own guns for their own security and that right should not be taken away. The Second Amendment was added to the Constitution because the creators of the Constitution wanted to make sure that it protected basic rights, including the right to bear arms. It was also added to the Constitution because shortly after it was ratified, James Madison wanted to give more power to the state militia and to give more power to the people to give them the ability to fight back against the Federalists and the tyrannical government they were creating. After fighting off the British, the Second Amendment was created to give citizens the opportunity to fight back against controlling government and protect themselves with their own weapons.
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.
“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.
The First Amendment is crucial in protecting the five fundamental freedoms: freedom of speech, freedom of the press, freedom of religion, freedom of petition, and freedom of assembly. The Fourth Amendment is significant for it protects the individual’s privacy from the government and from government harassment. The Sixth Amendment is valuable since it provides the legal framework of the criminal legal system and to protect the accused person from abuse of power. Of all the Amendments of the Bill of Rights, the First Amendment, the Fourth Amendment and the Sixth Amendment are the most
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.
The amendments Bail Clause was a result of injustices in England, where the judges abused their power in determining bail. There were a number of attempts to reform the law, but the English Bill of Rights in 1689 outlawed excessive bail. But it did not specify which offenses should or should not qualify as bailable. In 1987 the U.S. Supreme Court held that the Eighth Amendment bail clause had only one meaning. That bail conditions when compared with the magnitude of crime, should not be excessive (). The first case to see this excessive bail clause was United States vs. Bajakajian in 1998. This case was one were more than $10,000 U.S currency was taken out of the country without reporting it as law required. As a result the fin was
Unlike many other foundational documents written by other counties, the US Constitution has held strong from the start. The Constitution is at the center of our everyday lives and is the reason we are able to live with the freedom and security that we do. As the Constitutions author, contents, and effect on the US are evaluated it is very clear why America holds so strongly to the foundation the Constitution set in place.
In June 2012, the Supreme Court of Justice ruled that juveniles cannot be sentenced to life in prison. In July 2014, in California, the death penalty was removed. The 8th amendment banned the use of cruel or punishments. The reason why this rule has been imposed or banned is because many believe that they deserve a second chance. There are many reasons why juveniles commit crimes such as murder.