8th Amendment Research Paper

The voting age should be increased to 19 or 21 years of age. Most 18 year olds have just graduated or are still in highschool, so many of them are immature,and lack life experience. In addition, many 18 year olds do not have a plan(s) after high school, so if they can’t make a decision about their future what makes people think that they can make an informed decision about the future of the country. However, there are some states like Ohio that are allowing seventeen year olds to vote in primaries.

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.

You don't have to worry about a criminal committing the same crime twice, why? Because they won't be alive to even think about it!. 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.”, in other words, it protects American citizens from excessive or unnecessary punishments, fines, and bails. However, the death penalty is still an exception to “cruel and unusual punishments” when the punishment does not violate the standards of the Eighth Amendment. Based on the creation of death penalty in the eighth amendment, the constitution can be claimed as an inconsistently valuable but viable document in modern America. The death penalty also known as capital punishment is one that brings a lot of controversies but at the same time has been practiced throughout history in different forms and styles.

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

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 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 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 coercion and torturing captured terrorist is needed to protect national security in the war against terrorism. There are numerous justifications why the coercion or torture of terrorist is normally a lesser evil than the preventable mass murder of innocent victims (Slater, Summer 2006).

There are different laws over all countries that control by every government in the world. For those who is a criminal or a prisoner, their country’s government has different laws of punishment to punish them. Torture is one of them. The function of torture is to force someone to say something and as a punishment. Torture is unacceptable which I disagree on which it is an action of inhumanly.

There has been cases that brings the question is the U.S. prisons have violated human rights such as when looking at 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 (SITE).” “Excessive force” by prison guards constitutes cruel and unusual punishment. In a very important Supreme Court case called Hudson v. McMillian, 503 U.S. 1 (1992), the Court found a violation of the Eighth Amendment when prison officials punched and kicked a prisoner, leaving him with minor bruises, swelling of his face and mouth, and loose teeth. The Court held that a guard’s use of force violates the Eighth Amendment when it is not applied

Detainees were kept in jails that needed power, supplies, and more. The Eighth Amendment protects individuals from "cruel or abnormal discipline." By keeping detainees in these conditions does not go against the Eight Amendment because the storm was not meant to be a punishment, it was something uncontrollable. Under the assumption that the officers did not get through their crisis preparation or departure arrangements, which brought about the detainees being kept in said conditions.

In 2008, Patrick Kennedy was ruled guilty of raping and causing serious internal damage to his eight-year-old stepdaughter and was sentenced to death by a Louisiana court. The court sentenced death, saying that although the U.S. Supreme Court would not allow the death sentence for the rape of a woman, that did not apply if the victim was a child. The Louisiana Supreme Court argued that because five other states had similar laws, they could punish Kennedy with death. Kennedy brought the case to the U.S. Supreme Court, arguing that the way five states interpreted the Eighth Amendment is not a “national consensus” and Coker v. Virginia should apply to all rapes. The Supreme Court ruled (5-4), that yes, the Eighth Amendment does not allow the death penalty for rape if the crime did not result in and was not intended

The 8th Amendment to the United States Constitution protects the people from a government who may try to restrict or null your right to fair bail. The right restricts the judicial branch from performing any unfair procedures that can be directed towards a defendant, which is due process. Which is to state that the right to fair bail falls under due process because it is selectively incorporated in order to protect one’s unalienable rights of life, liberty, and property. The right guarantees that the defendant who is paying bail is given a fair/reasonable bail price.

In the United States legal system, torture is currently defined as “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.” as defined by Office of the Law Revision Counsel, U.S. House of Representatives (US Code, 1) Though this is a seemingly black and white definition, the conditional “…other than pain or suffering incidental to lawful sanctions…” have led many to question what precisely this entails. In other words, what are the lawful sanctions that permit such acts? Are they ethically right? Where is the line drawn as torture