Pros And Cons Under The 8th Amendment Essay

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 Bill of Rights was first proposed on September 25, 1789, and they were than adopted by the states on December 15, 1791. The three most important amendments that are guaranteed under the Bill of Rights are the First Amendment, Basic Liberties, the Fourth amendment, Protection from unreasonable searches and seizures, and lastly the Fifth amendment, Rights of the Accused, Due Process of the Law, and Eminent Domain. Our constitution is what makes America a country where people of all ethnicities want to come here to live because of our rights and freedoms that is guaranteed by our constitution.The first amendment is the not just the first amendment on the list of all of the amendments, its first because it's the most important amendment in the Bill of Rights.

To further strengthen the rights of the people, The Bill of Rights was ratified on December 15, 1791. With only the first ten amendments, it is no accident that two amendments, 9 and 10, specifically define the Constitutions purpose to protect rights, given to the government from the people; and the powers of the government are “only those delegated to it by the Constitution on behalf of the people” (Spalding, Page 145).

The Bill of Rights became a very important document in the United States Constitution in order to ensure United States citizens equal protection of their rights and liberties. The main objective of the Bill of rights was to place limits on the national government creating an understanding and dividing the powers between the states and the national government. Not all the powers were granted to the national government however not all the powers were prohibited to the states. As stated by Ginsberg, Lowi, Weir & Tolbert (2015) the bill of rights consists of 10 amendments incorporated in the U.S constitution. It is important to note that each amendment contains a legal court case in which the supreme court as well as the government have ruled and have ignored or have protected the rights of the individuals involved.

The 1st reason why this amendment is important is because, it is the Amendment that protects people, who live in the United States, freedom of religion. Freedom of Religion is important for many reasons. One of the reasons is because it allows everyone to believe in whatever, or whoever they want to. The first Amendment allows all who live in the country to attend any church, or none at all. Amendment One also makes people feel safe whenever a

The bill of rights, written by James Madison, is the original 10 amendments. These amendments protect our personal freedoms and outlines the responsibility of out government. The people are the “protectors” or enforcers of these amendments. The first amendment is the most important amendment while the 3rd amendment is no longer relevant.

The first point to evaluate when looking at the Eighth Amendment is its the rich history. In the 1700’s, years before the Bill of Rights was created, judges would issue unfair punishments to those convicted if the judge favored the plaintiff or prosecutor. Furthermore, there was one man, Titus Oates, that would lie to the judge about his crimes; he would, in turn, blame the crime on other people. He was responsible for killing thirty-five people and managed to avoid punishment through his lies. Oates not only lied but exaggerated causing those that had been wrongly accused to suffer horribly cruel punishment. “His testimony was responsible for the execution of some 35 persons, but, as the frenzy subsided, inconsistencies were discovered in his story.” (Editors 1). These inconsistencies ultimately lead to Oates’s execution. Another example of legal injustice that

“A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” In our political climate today, there is an ongoing debate on the meaning of the second amendment. In particular, much controversy centers upon whether we should make gun control laws more strict like the laws in DC, or if we should make laws to encourage and embrace American citizens to own firearms and carry them in public, similar to laws in Vermont. In fact, some citizens wonder why we even have the second amendment in the first place.

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 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.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." The second amendment has been the subject to much political disagreements and controversy. It was written and ratified in December 1791 (Brooks “The Second Amendment & the Right to Bear Arms”). There are many who want to repeal “the right to bear arms” because they feel they feel that is why criminals get a hold of weapons so easily. Others say that citizens should have access to their own weapons and protection. Even more political controversy has arisen due to the mass shooting that took place in Las Vegas, Nevada last week-end leaving more wanting to revoke the second amendment. In spite of this, I have been brought to the conclusion that the second amendment should not be redacted because, some rely on hunting as an income, citizens have a right to defend themselves, and citizens have a right to defend their freedom.

To amend the constitution, various steps and procedures must be taken. When either Congress (which takes a two-thirds majority vote in both the Senate and the House of Representatives), or a constitutional convention (which takes two-thirds of the State legislatures) want to propose an amendment, they give it to the National Archives and Records Administration. The Congress proposes the amendment as a joint resolution to the National Archives and Records Administrations Office of the Federal Register for the publication process. The Office of the Federal Register adds legislative notes to the joint resolution and publishes it in slip law format. The Office of the Federal Register also puts together an information package for the States

What are constitutional rights and why are they so important to us? Our Constitutional rights are in place to protect us from wrongful conviction and improper police behavior. Originally these rights were made in reaction to the abusive conduct displayed by British authorities during Colonial times. Without the Constitution and the Bill of Rights, we would not be a democracy, but instead we would become a communist country. The Constitution is pretty much our basis of freedom, because boundaries are set and it gives the government guidelines to which ones they can interfere with without violating them. Most

There are many Amendments in The Bill of Rights and all of the rights are to the constitution to the United States. The purpose of the The Bill of Rights is to protect individuals liberties. The Bill of Rights was written in 1789 and was ratified in December 15, 1791, James Madison wrote The Bill of Rights and he was the one to guide it through the New Constitution.