8th Amendment Pros And Cons

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.

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

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

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.

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 most valued documents in modern American society tend also to be the most heavily debated. For instance, interpretations of the United States Constitution tend to be rooted in one of two firmly entrenched beliefs;while the first camp believes it to be set in stone, the second his convinced that the United States Constitution is by nature a perpetually evolving document, meant to reflect the desires and needs of the people. Even amongst those in the same camp, disagreements abound; those believing that the Constitution is set in stone are divided on issues such as the eighth amendment’s prohibition of ‘cruel and unusual punishment’. It is difficult to reach a consensus on what, constitutes cruel and unusual punishment. For example, the concept of waterboarding is championed by many as a ‘humane’ form of torture which causes no physical harm. However, it was deemed a cruel and unusual punishment due to the sensations of drowning and symptoms of mental illness which it produced in its victims. It can therefore be inferred that physical injury is not the only factor to be considered in whether or not a practice is to be deemed inhumane; factors such as mental wellbeing and fitness of punishment must also be considered. This leads one to ponder how the concept of solitary confinement could possibly even be considered when it so clearly violates the protections which the eighth amendment provides.

When a life sentence is delivered in court, not many wonder about what the prisoners life would be like when the prisoner can no longer walk, digest food and need all around the clock assistance. Today, the growing population of elders has been growing for several years. Most prisons and jails are not equipped to handle handicapped prisoners, so those prisoners with special needs are inflected justice in a way that’s unjust and unusual. The Eighth Amendment protects inmates from being abused and mistreated, but by not taking proper care of the elders in prison, this amendment is being violated every day. How is the aging population being treated in the US and how does their age factor into their life in prison?

James Madison, primary author of the Bill or Rights and a Representative, introduced 20 amendments on June 8, 1789. The House of Representatives passed 17 amendments, and then they were sent to the Senate for approval. The Senate in turn altered the 17 amendments into 12 articles. During the 1789 Joint Resolution of Congress, Congress agreed on the 12 amendments. It was then necessary that three-fourths of the states formulated their approval. At that moment, the tenth amendment was previously numbered as the twelfth article. However, since two of the articles were not ratified, the remaining articles were then renumbered and thus, the Tenth Amendment was born on December 15, 1791 with its inclusion in the Bill of Rights.

The constitution says nothing pertaining to capital punishment, thus the supreme court left the decision up to individual states to decide what to do with their residents. Some states, such as Michigan, do not partake in the death penalty. Eighteen states have completely outlawed the act, and many more have not executed a person in over a decade.

This year, there is more than 80,000 people that will be released from prison, they will be returning to their lives with their families, and in their communities. These ex-convicts who are released are going to still be able to buy a house, buy a car, get married, have children, and even get a job. Is allowing them to vote going to cause a danger to society? The eighth amendment states that an excessive sanction on the person is prohibited. Also, there is a set limit on the amount of time they must stay outside of prison before they are able to vote again. Lastly, being an active, participating member of the community helps with rehabilitation. Ex-convicts should be allowed to vote. They are still humans and still citizens who deserve

1791- 8th Amendment- Gives us protection from from excessive bail and cruel and unusual punishment.

The Eighth Amendment to the U.S. Constitution, sanctioned in 1791, has three arrangements. The CRUEL AND UNUSUAL PUNISHMENTS CLAUSE confines the seriousness of disciplines that state and governments may force upon people who have been indicted a criminal offense. The Excessive

The 8th amendment prohibits any type of punishment that is cruel or unusual in our correctional system. For example, in prison, a guard cannot cut an inmate's ear off or subjugate him/her to a whipping for finding contraband in their bunk.

Concurrent Justice Antonin Scalia begins his opinion pointing out the fact that these petitioners bring their “case” to the Court, crying that their sentences are violating the Eighth Amendment, despite being cruel and unusual themselves. “They were charged by a sovereign State with murder. They were…tried twice, once to determine whether they were guilty…and whether death was the appropriate sentence…And now, acknowledging that their convictions are unassailable, they aske us for clemency, as though clemency were ours to give” (Justice Scalia,