8th Amendment

“The one lesson we 've learned from history is that we have not learned any of history 's lessons” (Unknown Author, n.d.). The purpose of this paper is to evaluate the use of Enhanced Interrogation Techniques (EITs) such as “waterboarding” and extraordinary rendition (aka “black sites”) by CIA agents for American intelligence interests and to analyze the drastically apposing views of the legalities, morality, and effectiveness of these methods. Is the CIA’s use of EITs and extraordinary rendition equivalent to torture, and therefore, acts in violation of international law? The definition of “torture” under statute 18 U.S.C. 2340 states, “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control” (United States Code, 2011). This definition expands with specific identifying characteristics of an act and varies to include humiliation of an individual. Of course, pain and suffering is a subjective experience. The worlds historical practice of “torture” reinforces lessons that human’s imaginative capacity for inflicting pain and terror on our fellow human is disgracefully boundless; yet, parallel behaviors of violence and humiliation reemerge with disturbing regularity (Smith, 2013).

The Patriot Act was hastily passed just a month later October and it severely limited the privacy of Americans and gave unprecedented power to the government and private agencies to track innocent Americans, turning regular citizens into suspects.5 In addition, the great technological evolution and emerged of social media that occurred round the same time, and shortly thereafter, created the perfect storm for the emergence of the largely unregulated surveillance society that we live in today.6 The result is digitization of people’s personal and professional lives so that every single digital trace that people leave can be identified, stored, and aggregated to constitute a composite sketch of ourselves and its only getting worse. In 2008, passed the FISA Amendments Act, which expands the government’s authority to monitor Americans’ international communications, in addition to domestic communications.7 In short, after 9/11 the U.S is left with a national surveillance state, in which “the proliferation of government technology and bureaucracies that are able to acquire vast and detailed amounts of digital information about individuals with minimal or no judicial supervision and often in complete secrecy,” giving the government and corporations with access to the data that the government compiles the ability to single

In the United States Constitution, the 8th 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 [a capital crime]. An execution [capital punishment]) is a direct violation of the 8th Amendment to the Constitution of the United States (Capital Punishment). They say there should be another way to deal with these criminals other than having them executed. The purpose of this paper is to give a brief history of the death penalty

The famous Founding Fathers of the United States created critical documents to protect the citizens of the country they were establishing. These documents included the Declaration of Independence and Bill of Rights. The latter, the Bill of Rights, ensures certain rights to all citizens, and the Eighth Amendment in particular, protects citizens against cruel or unusual punishments for breaking the law. When analyzing the protection under the Eighth Amendment one must also look at all the aspects of the law including: the history of the law, the modern uses and abuses of the law, and the law’s current effectiveness.

After the terrorist attacks on the World Trade Center on September 11th, 2001 the United States became a very different place. This drastic change was caused by the initial emotional reactions that American citizens, as well as government leaders had towards the tragic event. The government, in an effort to assure that these events never happen again passed the USA PATRIOT Act, which is an acronym that stands for the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act. The major goal of this act is to combat terrorism by giving the government more leeway in what areas they are allowed to use their surveillance tools and also to what circumstances these tools can be used. The major issue that arise with this act are the fact that many of the act can be seen as unconstitutional.

Torture is known as the intentional infliction of either physical or psychological harm for the purpose of gaining something – typically information – from the subject for the benefit of the inflictor. Normal human morality would typically argue that this is a wrongful and horrendous act. On the contrary, to deal with the “war on terrorism” torture has begun to work its way towards being an accepted plan of action against terrorism targeting the United States. Terroristic acts perpetrate anger in individuals throughout the United States, so torture has migrated to being considered as a viable form of action through a blind eye. Suspect terrorists arguably have basic human rights and should not be put through such psychologically and physically damaging circumstances.

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.

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.

In my opinion, the 8th amendment is important because this amendment gives people the right against excessive bail, fines, or cruel and unusual punishment. No citizen of the United States should be subjected to cruel or insane punishment, and they shouldn 't have to pay a bail amount that is too excessive for the crime. This Amendment was added to the Bill of Rights to ensure greater stability and was a compromise between the legislature election in the original non-party elections and the new president. The Amendment’s Bail Clause is a result of injustices perpetrated in England, were judges often abused their power in determining whether bail should be allowed to suspects. After a number of unsuccessful attempts at reforming the law, the English Bill of Rights in 1689 specifically outlawed excessive bail. The U.S. supreme court 's held in 1987 that the eighth Amendment 's Bail Clause had only one meaning that bail conditions, when compared with the magnitude of

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 United States Supreme Court reversed the decision, however, saying that the removal of someone's citizenship was a violation of their 8th Amendment right that stated “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” It came to this conclusion because it felt that the effect of the decision amounted to "the total destruction of the individual's status in organized society.”

Are the courts violating the 8th amendment by imposing mandatory life imprisonment on juvenile offenders? Is this sentence initiating cruel and unusual punishment to juveniles?

The Patriot Act was signed into law on October 26, 2001 by President George W. Bush. The act expanded the surveillance capability of both domestic law enforcement and international intelligence agencies. When this law was passed it was under the assumption “to deter and punish terrorist acts in the United States and around the world, to enhance law enforcement investigatory tools, and for other purposes” (The USA Patriot). The Patriot Act has given the government the power to spy on the average American through monitoring phone records and calls, gaining banking and credit information, and even track a person’s internet activity. This is an unbelievable amount of power intelligence agencies wield all under the umbrella of national security. This power has gone too far, is unjustified, unconstitutional, and infringes on the privacy of the

Torture has long been a controversial issue in the battle against terrorism. Especially, the catastrophic incident of September 11, 2001 has once again brought the issue into debate, and this time with more rage than ever before. Even until today, the debate over should we or should we not use torture interrogation to obtain information from terrorists has never died down. Many questions were brought up: Does the method go against the law of human rights? Does it help prevent more terrorist attacks? Should it be made visible by law? It is undeniable that the use of torture interrogation surely brings up a lot of problems as well as criticism. One of the biggest problems is that if torture is effective at all. There are

The Patriot Act is a sweeping piece of legislation. Created in the wake of 9/11; it remains controversial. Opinions on the necessity of the Act are intense and vary widely. A better understanding of its applicability, strengths, and weaknesses will aid future opinion and legislation. The Patriot Act affects all citizens, immigrants, and especially minority groups. Studies have been done on the racial profiling of Muslim Americans. The benefits of having The USA PATRIOT Act cannot be argued. However, oversight, transparency, and accountability are needed. Ensuring that agencies do not overstep or target minority groups should be addressed.