Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
The eighth amendment simbel
The eighth amendment simbel
The eighth amendment simbel
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: The eighth amendment simbel
The Bill of Rights is a very important document to American citizens. The Bill of Rights is the beginning part of the American Constitution which is made of the first ten amendments which state our basic rights as United States’ citizens. It ensures us of our freedoms that cannot be taken away from us. However, I do believe that there is a certain amendment out of the ten that should be revised; this would be the Eighth Amendment. The Eighth Amendment reads “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” (Legal Dictionary). I believe that this is the only amendment that needs to be revised in the Bill of Rights. I think that if someone was to commit a horrendous crime that excessive bail and fines or cruel and unusual punishments could be necessary in some extreme cases. I am not saying that it is okay that someone should be beheaded, burned alive, or being dissected publically (Cornell Law), but some more minor things could be in ways acceptable. However, I do find it very reasonable to hold someone with excessive bails and/or fines. I think that it is very fair if the government was to hold a bail or fine that is extremely high on someone if they commit certain crimes. If I were personally able to rewrite the Eighth Amendment I would write it as “Excessive bail or fines should not be imposed unless it fits the crime committed, cruel and unusual punishment should also not be imposed unless the need was to arise where the crime was extreme enough for all the jury members should agree on a cruel or unusual punishment.” I think that the Eighth Amendment should be revised because of the extreme crimes that are now being committed are far worse to those compared to... ... middle of paper ... ...n some peoples’ opinions’ that would be a horrible idea, but I think that if someone was to make people suffer and put them through absolute misery, they should not be let off the hook very easily. So instead of the Eighth Amendment being “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” (Legal Dictionary), it should be “as “Excessive bail or fines should not be imposed unless it fits the crime committed, cruel and unusual punishment should also not be imposed unless the need was to arise where the crime was extreme enough for all the jury members should agree on a cruel or unusual punishment.”. Works Cited Legal Dictionary. Farlax. 2013. Web. October 5, 2013 Cornell Law. CRS/LII Annotated Constitution. Cornell University Law School. 2013. Web. October 5, 2013 Murderpedia. 2013. Web. October 5, 2013
One of the problems with the law is its principle of removing judicial discretion. This severely hinders a judge's ability to make a punishment fit the crime. While some felons deserve life in prison, it is unfair to create a standard that would force judges to sentence offenders to life imprisonment for relatively minor crimes.
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 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 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.
...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 thirteenth amendment to the Constitution proclaims that “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” This amendment was the piece of history that abolished slavery and did innumerable things for our country, but it also made room for something now known as black criminality. Through the thirteenth amendment emancipation was born. Through the language of the constitution— “Neither slavery nor involuntary servitude, except as a punishment for crime”, the amendment was able to make loopholes for certain social agendas that led to the opposite of what the amendment intended to do.
The eighth amendment was passed by congress on September 25, 1789. Back in ratified in 1791 as part of the Bill of Rights to protect individual freedoms from being infringed upon by the government. The language of the amendment has been traced back to the year 1215. In that year, the British drafted what is known as the Magna Carta of 1215. Within the Magna Carta came up the idea that “punishments ought to fit the crime.” With that, the provision in the eighth amendment directly states that there is protection from any cruel or unusual punishment. “Passed by Congress September 25, 1789. Ratified December 15, 1791.” This amendment, which was modeled closely after the English Bill of Rights of 1689
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.
... 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.
Speaker. I am a shaman. The MIT Press, Clinton, Massachusetts. 1967. The.
The Eighth Amendment to the United States Constitution states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The key phrase to examine when determining the constitutionality of capital punishment is “cruel and unusual punishments.” The question that must be answered are ‘what makes a punishment cruel and unusual’ and if or how these standards apply to capital punishment. According to Supreme Court Associate Justice William Brennan “the Cruel and Unusual Punishments Clause ‘must draw its meaning from the evolving standards of decency that mark the progress of a maturing society” (Brennan 32). Judging from thi...
The Eighth Amendment to the Constitution of the United States asserts,” Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted,” (source Cornell). This amendment is being violated in the military today. These victims are being punished for being victims. Many victims are forced to leave the military after their attacks and do not receive proper medical attention. Victims are being cruelly treated for crimes committed against them.
The eighth amendment states that no person shall be submitted to cruel and unusual punishment. The question is whether or not this right is under attack from those who support the death penalty. When the bill of rights was created it was intended to stop judges from unruly, and unreasonable punishments of people who committed certain crimes. However in the day and age we live in now, the supreme court has placed provisions and rules on the use of the death penalty, and with its support it is threatening the idea of the eighth amendment, and those who oppose it.
In order to have a good comprehension of how the eighth amendment violates juvenile rights, we must first understand what is the eighth amendment. The eighth amendment as defined by the United States Constitution is “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (Amendment VIII). Congress passed this September 25, 1789. In addition, this amendment can be divided into 3 portions: excessive bail, which is amount of money a defendant involved in a criminal case has to pay to be released from jail before their trial begins, excessive fines which is simply being given a fine for a crime, and cruel and unusual punishments, being punish for a crime that does not reflect to the crime.
The eight amendment to the United States Constitution is part of the United States Bill of Rights, which took effect on December 15, 1791, after a three fourths of the states ratified the bill. This amendment prohibits the federal government from imposing excessive bail, excessive fines, and cruel and unusual punishment. It is almost identical to a provision in the English Bill of Rights of 1689, in which parliament declared that excessive bail ought not be required, nor excessive fines imposed , nor cruel and unusual punishment inflicted. The state of Virginia had adopted this section of the English Bill of Rights in the VIrginia Declaration of rights of 1776, and the Virginia convention that ratified the US Constitution recommended in 1778 that this language also be included in the federal constitution. On September 25, 1789, James Madison proposed this amendment to Congress thus creating our eight amendment.