8th Amendment Research Paper

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

The Eighth Amendment however, does not guarantee an absolute right to be released on bail before trial. The U.S. Supreme Court has identified

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

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 U.S. Constitutional Rights are laws that guarantee the basic rights for the citizens.There are twenty-seven Constitutional Amendments in total, but 10 of them represent The Bill of Rights. The Bill of Rights ensures the basic individual protections such as freedom of speech and religion. The Bill of Rights became part of the Constitution in December 15, 1791 by George Mason.

The Court did, however, state that the mandatory use of the death penalty would be prohibited under the Eighth Amendment as cruel and unusual punishment. The defendant in this case, Gregg, had been convicted on two counts of armed robbery and two counts of murder. The jury was instructed by the trial judge, who was following Georgia state law, to return with either a decision of life imprisonment or the death penalty. Justice Byron stated in his opinion that Gregg had failed in his burden of showing that the Georgia Supreme Court had not done all it could to prevent discriminatory practices in the forming of his sentence. This decision became the first time the Court stated that "punishment of death does not invariably violate the Constitution." (Bernstein 21)      The punishment also cannot be “grossly out of proportion to the severity of the crime charged, nor can it violate the convicted individual’s dignity.

One of the many things that has been highly controversial and still is to this very day is how to properly punish and treat criminals. Here in America we now have the Eighth Amendment to protect us from cruel and unusual punishment. This was based off of a Parliament Act of 1689 that created England’s Bill of Rights. Before England had come up with the idea that humans should have guaranteed basic rights, it wasn’t a matter of whether or not a criminal would die, as much as it was a matter of how they would die. Torture devices such as the guillotine, the stake, the brazen bull, and the rack were used to spread the idea of fear and punishment that was ineffectually used by leaders to try and control their people throughout the history of Europe.

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?

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

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

The eighth amendment states excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted, yet what exactly is cruel or unusual punishment? Can pretrial detention be considered cruel and unusual punishment considering the alleged criminal may be innocent and spend months to years in pretrial detention for something they may have never committed. Even criminals in pretrial detention who could have convicted a minor crime may not deserve to wait in pretrial detention as long as they do. Although, the alleged criminals in pretrial detention are not being physically punished some defiantly are being mentally punished. However, the justice system does not think about how the alleged criminal feels neither does most of society to them its better to keep someone who may or may not be guilty in pretrial detention then to have them on the streets. However, to the alleged criminal especially the innocent ones this is defiantly cruel and unusual punishment why should they have to be locked up in a little room, and loose months to years on their lives because the United States