Essay about 8th Amendment

The 8th amendment states, “ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Which brings me to the case of Thompson vs. Oklahoma. The debate is on whether or not capital punishment should be given to minors. On one hand, some may argue that Thompson should have been charged with capital punishment because “his acts were heinous and cruel” (Pearson Prentice Hall: n.d.). On the other hand, others such as Oklahoma argue that it is a violation of the 8th amendment under “cruel and unusual punishment.” This creates the argument of Thompson vs. Oklahoma.

This United States Supreme Court case looked into whether-or-not the Cruel and Unusual punishment clause of the Eighth Amendment applies to corporal punishment in public schools. Additionally, the case explored the due process clause of the 14th Amendment in terms of prior notice before the punishment is delivered.

Guns, used for a wide variety of things, such as hunting, sports, and defense. Though destructive, guns have their uses. But what allows citizens to own guns in the U.S.? The answer to that question is the 2nd amendment. The amendment states that citizens can bear guns, and that a free state should have a good militia. At the end of the amendment, the amendment states that it should not be infringed. Back in 2012 Obama was claimed to try to take away guns. Should guns be taken away from U.S. citizens, or even the whole second amendment? Well, the second amendment should not be taken away, because guns provide defense against attackers, state militias provide more safety, and the amendment itself says it should not

The 8th amendment says that excessive bail shall not be required, or excessive fines, or cruel and unusual punishment.

The eighth Amendment states that the government is prohibited from cruel and unusual punishment. The death penalty is a complete violation of this amendment. Every one, guilty or innocent has the right to live freely, and the government taking away this simplicity of rights, is unconstitutional.

The Eighth Amendment was tested through many Supreme Court and there were some very significant ones such as the Miller v. Alabama. The no cruel or unusual aspect of the Eighth Amendment gives protection of undeserving or unreasonable punishment to a citizen that commits a crime. As Supreme Court cases regarding the Eighth Amendment open and closed the meaning of no cruel or unusual punishment changed; the sentencing of death is not considered cruel and/or unusual to a suspect that is mentally insane this aspect of the Eighth Amendment is important to the wrongfully accused people that are sentenced something for a crime that they did not commit. A significant

The Eighth Amendment, ratified in 1791, and it had three clauses. The clauses are Cruel and Unusual Punishment, Excessive Fines, and Excessive bail. The Cruel and Unusual Punishment means that the state and federal government restrict how extreme the punishment is to a person who has done a crime. This clause is made so that the people that are accused are not tortured and killed cruelly. The Excessive Fines restrict the state and federal government the amount of money a person fined for a crime. This clause created was so that the government cannot take a lot of your money away. The Excessive bail means that courts can’t give a tremendous amount of bond to a person who has broken the law. This clause created so that the judge and jury cannot already make their decision before the case even begins. This is why the saying “an accused is presumed innocent until found guilty” is established.

In the United States Constitution, the Eighth Amendment prohibits the use and practices of cruel and unusual punishment. What exactly is considered to be cruel and unusual punishment? This question is a hot topic among America 's many different current controversies. Many people are saying that the use of capital punishment to be sentenced to death as a penalty in the eyes of the law. An execution or capital punishment is a direct violation of the Eighth Amendment to the Constitution of the United States. (84)

The eighth amendment helps letting americans not have to go through unusual and cruel punishments. “It is not just criminal sentences themselves that are subject to the cruel and unusual test; the Eighth Amendment’s cruel and unusual provision has been used to challenge prison conditions such as extremely unsanitary cells, overcrowding, insufficient medical care and deliberate failure by officials to protect inmates from one another,” (“Eighth Amendment,” Annenberg Classroom). This site explains and breaks down the eighth amendment. It becomes apparent that this amendment helps protect the people from usual and cruel punishments. There are specific examples to a cruel and unusual punishments. “Cruel and unusual punishment includes torture, deliberately degrading punishment, or punishment that is too severe for the crime committed,” (Dictionary.com). This is a basic understanding for how we can make sure to stay away from these types of punishments. One of the biggest oppositions or conflicts with the eighth amendment there is is the death penalty. The question that comes from it is whether or not the death penalty can be considered a cruel and unusual punishment. “Eighth

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 actual right of public schools to ban the Confederate flag can be contentious because the Ninth and Tenth Amendments create legal complications. The Ninth Amendment is a “catchall” that allows for anything not specifically banned in the Constitution. This makes it difficult for the government to ban something like the Confederate flag. Because it is not specifically banned in the Constitution, and because of its many ardent supporters the Confederate flag may be interpreted to be protected by the Ninth amendment. The Tenth amendment is what causes potential federalism issues because it leaves all issues that are not specifically given to the federal powers up to the states and therefore, as an extension of the states, up to public schools

In Furman v. Georgia (1972), the Supreme Court ruled that a punishment would be considered "cruel and unusual" if it was too severe for the crime, arbitrary, offended society's sense of justice, or it if was not more effective than a less severe penalty. This meant that Georgia's death penalty statutes which gave the jury complete sentencing discretion had to be revised. Despite Justices Brennan and Marshall’s view that the death penalty itself was unconstitutional, the Furman decision stated only that Georgia’s specific death penalty statutes were unconstitutional. This allowed states to rewrite their death penalty statutes to eliminate the problems cited in Furman.

The eighth amendment is designed to protect us from cruel and unusual punishment. Conservation of the United States Constitution, and all moral ideologies have been set aside. An old form of barbaric punishment and the saying "eye for an eye" is still being widely accepted by Americans today. The old form of barbaric punishment is capital punishment. No matter how "humane" the death penalty has become, it is still the killing of another human being. When people stand outside prisons and cheer that an individual was murdered, there is a problem. When people justify the killing of another person, there

The Eight Amendment of the Constitution of the United States says that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (Staff). The most debatable and significant part of the Eighth Amendment is the Cruel and Unusual Punishments Clause. However, since there is no clear understanding, the meaning of the term “cruel and unusual punishment” should defined more clearly and be evaluated. The Supreme Court has ruled that the death penalty does not violate of the Eighth Amendment's ban on cruel and unusual punishment. This is one of the reasons why the Eight Amendment is passionately debated. According to Death Penalty Law and Legal Definition, the death penalty is defined as “the sentence of execution for murder and some other capital crimes (serious crimes, especially murder, which are punishable by death)”. There is no universal definition for the term “cruel and unusual punishment but usually, a punishment that violates human dignity and is vicious can fall under this category. Therefore, the death penalty should also fall under the same category. This is often brought before the Supreme Court and argued. When the Supreme Court is presented with the opportunity to decide what falls under “cruel and unusual punishment”, it should draw its meaning of what is considered brutal. The death penalty should be considered part a cruel and unusual

There is a lot of controversy, however, regarding the eighth amendment. The most commonly brought up factor when discussing violations of the eighth amendment, is the death penalty. Many believe that the death penalty is a violation of the eighth amendment because they say it is unconstitutional. One problem with the eighth amendment is that there are some who are executed but later found innocent. 4% of all individuals killed from the death penalty were later found