Patrick Kennedy 8th Amendment Research Paper

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 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.

January 29, 1920 the 18th Amendment, prohibiting the “manufacture, sale, or transportation of intoxicating liquors for beverage purposes,” was put into effect until 1933 (history.com). Making alcohol totally illegal was an attempt to enforce sobriety. World War I also aided in the prohibition because food was very scarce. The Lever Act of 1917 outlawed the use of grain to manufacture alcohol (Carnes and Garraty 644). Arrests for public intoxication went down drastically, as well as deaths due to alcoholism. Although, more lives were saved many people violated the law in order to consume alcohol. Smuggling alcohol became a huge business. Wine was still legal for religious purposes, but Carnes and Garraty explain that the consumption of sacramental

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 reason there is penalty for committing a crime is to deter people from committing the same act again. If you don’t be hard on crime then the crime rate will continue to be on the rise . The citizen wanted someone to represent on behalf of themselves and Justice Penny White was not that person. By Chief Justice Adolpho A. Birch Jr. overturning the death sentence of the criminal on the basis of the fact that rape accompanied by murder is an aggravating circumstance beyond

“All men are equal” Thomas Jefferson wrote in the declaration of independance. The 24th amendment later fulfilled that all men are equal by prohibiting the federal and state governments from imposing poll taxes before a citizen can participate in a federal election. This meant that some states charged a tax to vote. This was thought to keep poor and black people from voting. This amendment made it illegal to charge a tax, or any other kind of charge to vote.It was proposed by the Congress on August 27, 1962. Then later it was ratified by the states on January 23, 1964.

"I did what I thought was needed to be done to protect the children," Scott Roeder told the court in Wichita, Kansas. "I shot him." Mr Roeder has pleaded not guilty to murder, arguing that he committed manslaughter to prevent a greater harm. But the judge said the jury must only consider the more serious charge of premeditated murder. Judge Warren Wilbert ruled that a charge of voluntary manslaughter could not be considered because abortion, including the late-term abortions conducted by Dr Tiller, was legal in Kansas. The judge also

The past 27 amendments have been the thread for America’s guide toward living life as a successful American. These amendments have fostered growth and justice for the past two-hundred years; however times are evolving which is means for new procedures. While observing the 2016 elections, I believe there are grounds for creating the 28th Amendment. The 28th amendment shall state that those running for any political office shall not be allowed to continue candidacy if examples of hate or malicious intent are present during campaigning. This year’s forum has been a very frustrating and disgraceful example of what America is not. The name calling and spiteful comments have made something that was once politically prestigious event to something that is merely a publicity stunt. It is plausible that one may get out of line sometimes and may lose sight of what is important, however this entire race has gone too far. It is unacceptable that some candidates are allowed a platform as big as the Presidential race to blatantly express their hate toward immigrants, other candidates, and even the wives of candidates. America is letting what most considered a joke turn into a reality. Unqualified candidates are turning into party nominees and

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.

Though these groups are miles apart when it comes to gun control there is but a couple areas that they come close to agreeing. They both agree that there needs to be a federal background check. These are an important tool to ensure that only people that are legally able to own a weapon do so. These consist of checking Criminal and mental health history, subject to a restraining order, convicted of domestic violence, whether someone has an open warrant, drug usage, dishonorable military discharges, and immigration status. A criminal conviction is the most common reason for a denial of sale. These forms are even illegal to fill out if you know that you can’t pass.

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

The American constitution recognizes the right to keep arms for defense of person and property as a privilege or immunity that cannot be abridged by the states. The Glucksberg test recognizes the right to keep arms for defense of person and property as a privilege or immunity that cannot be abridged by the states. The 2nd Amendment is unnecessary for applying this right to the states through the Privileges or Immunities Clause. 1: The Right to keep and Bear Arms in Defense of Person and Property Is Deeply Rooted in our Nation’s History and Tradition. Glucksberg Step 2: Describing the Right to Keep and Bear Arms in Defense of Person and Property. Knowing we have the right to own guns is important to those who stand with the 2nd Amendment. If owing a gun makes you feel

(231) As far as capital punishment is concerned, the Eighth Amendment has been used to declare the death penalty invalid in numerous cases. Mandatory death penalties have repeatedly been found to violate the Eighth Amendment, and were first found to be unconstitutional in the cases of Roberts vs. Louisiana and Woodson vs. North Carolina. Arbitrary death sentences with no established criteria for application also violate the Eighth Amendment, as was ruled in the case of Furman vs. Georgia. In Furman vs. Georgia three cases had been brought to the Supreme Court concerning the death penalty and the racial biases present in the selection process.

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

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.