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 permissible act is degrading to human dignity and violates the eighth amendment. This amendment states that the federal government is not allowed to impose excessive bail, excessive fines, or cruel and unusual punishment upon United States citizens, yet every state was given the power to execute its occupants if they are involved in a wrongdoing of sorts. The sentencing process is too significant
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.
The Eighth Amendment of the United States Constitution protects us to not be putted into cruel and unusual punishments, but when it comes to the death penalty, things become more complicated. In my personal opinion, I believe the absolute interpretation of the 8th Amendment and that the death penalty undoubtedly violates the 8th Amendment. Looking at the case of “Furman v. Georgia (1972)”, the Court invalidated death penalty laws in the end because the justices considered the punishment of the death penalty was too cruel and unusual to the Furman’ sin, accidentally killing people, and disproportionately using the death penalty would result in more serious problems to the poor and minorities. This decision fully reflected the reliability of
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.
Gun control is one of the most debated about topic today in America; between news outlet, the public, and politicians. As some politicians look to resolve the gun control issues, with banning them, imposing more restriction to sellers, buyers and owner; some people and politicians consider the second amendment to be relic and should be removed from the constitution. History has shown us time and time again even through all the violence and chaos in the world and America, that there is a reason for the creation of the second amendment. From history of America independence in 1776 to the ratification of the bill of right in 1791 the 2nd amendment still remains relevant form it creation, to modern times, and the protection of America’s future; for the freedom of its inhabitants and citizens. The once influential 20th century thinker George Santayana once said, “Those who cannot remember the past are condemned to repeat it”. Looking back into ancient history, the history of second amendment, recent and current history we can find clues that will support the relevance of the 2nd amendment. We will also define the second amendment and try to find solutions to our current problems from what our forefathers had say.
Since 2012, the use of lethal injection has been legal in 31 states, to contaminate a convict. 1,423 people innocent and guilty have died from the death penalty since 1972. I strongly believe that the death penalty is unconstitutional being that it violates the Eighth Amendment, irreversible, and executes a large amount of hypocrisy.
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 Eighth Amendment is a wonderful thing, No cruel and unusual punishment, (written to spite Britain’s king) But where does the amendment stand in the world today? Proud and strong, or thrown in the hay? To answer this we can’t just look at one place,
The Bill of Rights makes the country what it is today. A diverse, free country with limitations to protect us. The Bill of Rights was written by James Madison in 1789. It contains the United States first ten amendments. It was then ratified on December 15, 1791. Although the amendments are ordered, they are all equally important, however some can be argued as outdated. The 8th Amendment states, “ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This amendment is very important today. It is much different from different countries, and some think it’s unfair. However, because of the opinionated way of setting bail, it only makes sense to have a law that limits that. The 8th amendment is very significant in our country today because it protects citizens from excessive bail, fines, and unjust and cruel punishments.
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 Eighth Amendment was introduced as a part of the Bill of Rights into the U.S. Constitution on September 5, 1789, and was voted for by 9 our of the 12 states on December 15, 1971. Many of us may ask what exactly is the Eighth Amendment? The amendment states that excessive bail shall not be required, nor excessive fines imposed. It also states that cruel and unusual punishment shall not be inflicted. What does that mean? That means: “Bail” is money that a charged person gives to the court as a guarantee that he or she will be there for a trial. The amount of bail assigned depends on the type of crime committed, if the crime is serious the bail will be higher. When the Eighth Amendment was written, the framers were taking into consideration
Anyone who has watched or still watches the show Law and Order(a show that depicts the criminal justice system),will know that the recurring arguments between prosecutors and defense attorneys on the show is the issue of the amount of bail that should be set for the defendant. The prosecutors will argue that the bail should be set high,and the defense attorney would disagree, stating that this is a violation of the defendant’s Eighth Amendment right. The Eighth Amendment states that “excessive bail shall not be required,nor excessive fines imposed,nor cruel and unusual punishments inflicted”.This amendment helps protect Americans against excessive punishments. What exactly does the Eighth Amendment allow?- In countries like the United States, where a person is usually innocent until proven guilty,the Eighth Amendment allows for the person to get out of jail for the time being, but not cleared of all charges until their trial.
The death penalty is legal in thirty-two states and illegal in eighteen states. The state law and government make the decision if it is legal or illegal in the states. For example, the lethal injection execution method is legal in thirty-seven states including the Federal Government and U.S. Military, but the Firing Squad method is legal in two states. Lethal gas is legal in three states, electrocution is legal in nine states, and hanging is legal in three states. Each states government and laws make all of those methods.
Capital punishment is punishment by death. As of now, 32 out of the 50 states use the death penalty. States such as; Arizona, Colorado, Alabama, Texas and South Dakota. A few of the many methods include; lethal injection, electrocution, gas chamber and hanging. The most used method is the lethal injection, which is a painless way to stop the heart of the criminal.