8th Amendment History

The Eighth Amendment The 8th Amendment to the Constitution of the United States prohibits cruel and unusual punishment, as well as the setting of excessive bail or the imposition of excessive fines. However, it has also been deemed unconstitutional by the Supreme Court of the United States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances. The 8th Amendment stipulates that bail shall not be excessive. This is unclear as to whether or not there is a constitutional right to bail, or only prohibits excessive bail, if it is to be granted. The Supreme Court has never directly addressed this interpretation problem, because federal

The Eighth Amendment to the U.S. Constitution limits the punishments that may be imposed by the government on American citizens. These limits are compulsory among the states by way of the Fourteenth Amendment. The English Bill of Rights of 1689 expressed concern with arbitrary and disproportionate sanctions, giving way to the Founders inclusion of the prohibition against cruel and unusual punishment. To explore the Eighth Amendment it is important to consider constitutionally accepted punishments, the ever-evolving practice of capital punishment, and eighth amendment protection inside prison walls.

The 8th Amendment to the Constitution of the United States prohibits cruel and unusual punishment, as well as the setting of excessive bail or the imposition of excessive fines. However, it has also been deemed unconstitutional by the Supreme Court of the United States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances.      The 8th Amendment stipulates that bail shall not be excessive. This is unclear as to whether or not there is a constitutional right to bail, or only prohibits excessive bail, if it is to be granted.

Furthermore, in the 1830s and 1840s capital punishment was targeted nationwide (Henderson, 9). The movement against the death penalty sought to “halt public executions” (Henderson, 9). Public executions at the time were widely attended and seen as a form of entertainment (Henderson, 9). The most popular form of execution at this time (and still today in some countries) was hanging (Beliveau, 202). Although this type of execution was common when carrying out the death sentence, it was not always the most humane. Beliveau claims that “contrary to what is often believed, in the majority of cases it is not the blocking of air entering the lungs that causes death” (202). In addition, the most common types of hanging were short-drop hanging and long-drop hanging (Beliveau, 203-4). Short-drop hanging was the more common of the two and had similar effects to dying by strangulation whereas long-drop hanging was created with the intent of executing someone in a more humane way (Beliveau, 203-4). Other methods of capital punishment include decapitation, lethal injection, electrocution, gas chamber, hanging, firing squad (Denver et al).

Geoffrey Abbott, author of Execution: The Guillotine, the Pendulum, the Thousand Cuts, the Spanish Donkey, and 66 Other Ways of Putting Someone to Death, does a particularly well job explaining and detailing almost every method of execution in the different eras throughout history. He tells of how the people being executed felt and how the executioners felt. He also explains how each execution type was carried out. Executions back in the day were very gruesome, but details on the historical events cannot just be exempted out if you want to explain these hectic methods. Just a few categories covered were: the Axe- this was when a person was put on a wooden block with a space between the neck and then was decapitated. Also there was Bastinado-which was to be beaten with a stick on their feet until they die (by far the weirdest way to execute someone in my opinion.) Also there was the guillotine- when the prisoner was placed on a block and then a heavy blade from above come crashing down on the neck of the prisoner decapitating him (this method of execution was one of the coolest methods.) What is cooler way to go than a huge blade chopping off your head? It is by far one of the quickest and most painless. Another method was Torn Apart by Horses- this is when your arms and legs are tied to a horse and then each horse runs in a separate direction ripping your limbs off. What a way to go. I cannot fathom what it would have been like to be executed like that. Those are just some

did this punishment by putting a rope around there neck and spinal cord and are quickly severed. This was called the " English drop". The hanging was a slow and cruel punishment and could last for 7 hours. They also used the pear of anguish and an execution which the guillotine was used for. Murder is generally said to be the worst crime and comes closely to treason as the worst as it normally is punishable by death.

Torture has been practiced throughout history. “Torture is any act that intentionally inflicts severe pain or suffering, whether physical or mental, when executed to serve a stated purpose other than punishment, such as gathering intelligence information or intimidating government dissenters”(“Torture”). Many cultures throughout history, such as the Romans, Jews, Egyptians, and many more have used torture as part of their justice and law system. One of the Roman’s torturing methods was crucifixion where the victim is tied or nailed to a wooden cross and left to hang until dead; the Jews torture method was stoning where a group of people threw stones at a person until that person dies; and the Egyptians had the “Desert Sun Death” which is

The top 10 most gruesome techniques were the Judas Cradle, Saw Torture, The Pear of Anguish, Breaking Wheel, Iron Chair, Head Crusher, Rat Torture, Coffin Torture, Breast Ripper, and Knee Splitter. Using a pyramid shaped “seat” with the point into the anus or vagina, victims would be tortured with intense pressure which was the Judas Cradle torture technique. Saw Torture is pretty self-explanatory; victim was sawed in half alive. The Pear of Anguish was a device that was inserted into orifices that had four wings that would separate and the handle was turned. In the Breaking Wheel technique, the victim was strapped to a wagon wheel and their limbs were beaten with a club until they were “broken” apart. The Head Crusher was a metal machine that would compress when the handle was turned later crushing the head of the victim. In the Rat Torture technique, a rat was forced into the victim’s body. Coffin Torture was when the victim was placed into a metal

The firing squad is the most cruel method of execution due to it’s gruesome scenes. The firing squad is the least preferred method of execution. It is used only in Utah and Oklahoma, and only if the lethal injection is not available or if the victim chooses it (Dieter 3). A doctor locates the heart and puts a white target over it, and soon after, executioners shoot the victim, aiming for the heart. If the executioners miss, and the heart of the victim is not shot, they will leave the victim to bleed to death (R. Bohm).

The guillotine was one of the most popular and widely used machines designed and used for executions by beheading. As one of the main symbols of the French Revolution, the guillotine not only represented, but also delivered death. Since the guillotine was in use for over 200 years, it saw much destruction and took many lives.

France’s Reign of Terror offered the world a new symbol for execution: the guillotine. Today the electric chair, lethal injection, and firing squad provide the same image. All symbolize death as well as the crime that the perpetrator committed. In 1793 in France, an individual met the guillotine because he or she committed treason by going against the radical ideas of Maximilien Robespierre. In the modern United States, citizens face one of the instruments of capital punishment after they commit murder, treason, or espionage. Though the instruments and charges for capital punishment have changed, the basic principle remains the same. Capital punishment, more harshly known as the death penalty, has become a well-known and controversial part of the United States’ criminal justice system. Ever since societies began to practice the capital punishment, people have tried to abolish the death penalty. The United States, however, should continue to practice the death penalty until it reduces the number of homicides and other serious crimes committed by its citizens to help protect innocent citizens.

The idea of the guillotine was first proposed on March 23, 1792 (Farcy et al.). The purpose of this machine was for a quick and painless death. Many other propositions were made that included death by suffocation and strangling (Farcy et al.). Although this tortuous device could be seen in various places in France; it was never mass produced (“Guillotine”). Guillotines were crafter by local carpenters with the assistance of a blacksmith for the blade (“Guillotine”). Dr. Joseph Ignace Guillotin proposed this execution device by recognizing an older form of it called the mannaia, which originated from Ireland (“Guillotine”). After much consideration, Tobias Schmidt build the first working model of the guillotine (“Guillotine”). A guillotine

Since the very beginning of the growth of the thirteen colonies, to the end product being the United States of America, 15,760 citizens have been executed. Throughout the time span, their methods of executions have gotten more sophisticated, for the good and unfortunately, the bad. The first methods of executions include, but are not limited to: burning on the stake, hangings, or being shot down by a firing squad. The more sophisticated methods include; death by gas in a chamber, electrocution by the electric chair, lethal injections and other methods. All these methods do what they are designed to do, but some have a unreasonably high botch rates,

Looking at different regions, the country Europe has many forms of torture for punishment. There was the typical hanging and beheading. A famous beheading tale is the one of King Henry the eighth and his wife Anne Boleyn and her beheading. In Western Europe, a convicted criminal’s head, arms, and legs would be cut off and put on public display. In Romania during the Medieval period Vlad the Impaler ruled. Vlad the Impaler is infamous for impaling criminals on stakes and leaving them out in public. In Europe, “people found guilty of poisoning or making false coins could be boiled alive”.

Medieval inhabitants invented terrifying torture devices, processes, chambers, and ways of executing people. Medieval torture devices were built to be excruciatingly painful and excessively intimidating. Coffin Torture was a commonly used method. The victim, who was in most cases a criminal, was forced into a tight metal cage. This cage prohibited the criminal from moving his arms and legs. Once he was contained in the coffin, it was hung from a tall metal post. Coffin Torture was usually used in a place where the victim could be mocked by the townspeople. The criminal would be held in the coffin for days, and most would die of dehydration (Dvorsky). Coffin Torture is not the only Medieval method that traps one in an enclosed space. The Brazen Bull was also an intensely painful torture and execution method. It was first invented by Perillos of Athens. The device itself was a huge bronze bull with one