The Eighth Amendment of the United States Constitution says, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The fundamental idea of torture is to inflict mental or physical pain onto a suspect to coerce them into revealing information we desire. This tactic is illegal because it violates the Constitution, and in addition, it violates international agreements that our nation has committed itself to. The general provisions of the Geneva Conference of 1949 prevent the use of torture in warfare; the document specifically outlaws “Outrages upon personal dignity, in particular humiliating or degrading treatment…” By violating these laws, particularly the Constitution, our nation
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.
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.
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.
The United States government, adding Common Core to States and school systems, have broken the 10th Amendment of the Constitution. The government should not control the education standards. the powers not delegated to the Federal Government by the Constution are reserved to the States and the people respectively. The 10th Amendment was included in the Bill of Rights to regulate the power given to the Federal Government. However, the Federal Government overriden this by forcing Common Core into the school systems by saying the state will not be funded anymore if they
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.
The First Amendment to the United States Constitution prohibits Congress from executing a law which violates one freedom of speech. In 1970, the Federal and State courts examined the right of freedom of speech and expression to individuals incarcerated. This obligated correctional administrators to defend the limitation placed on these rights. In the case of Procunier versus Martinez, prisoners challenged the constitutionality of state regulations permitting censorship of prisoner mail. These rights were violated on the grounds of freedom of speech. However, a rule forbidden letters containing inmates' grievance of prison conditions. It proclaimed that the state regulations were unconstitutional. On its behalf, the Supreme Court set forth two
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 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 ninth amendment states that “The enumeration in the Constitution , of certain rights, shall not be constructed to deny or disparage others retained by the people.” I believe that one right of the people should be legalized drugs, supported by this amendment. Many places around the world do not let their citizens possess drugs. Many people are caught with them , and get pressed with charges for it. To solve this , legalizing some drugs would cause this to stop.
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.
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 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 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.
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
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