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
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 prohibition against cruel and unusual punishment largely concerns itself with disproportionate and arbitrary punishments imposed by the government. “The Court has repeatedly emphasized the Eighth Amendment’s expansive and vital character and its capacity for evolutionary growth.” (Kanovitz, 2010) Cruelty is interpreted as actions that oppose current standards of decency. As public opinion grows and changes these standards are apt to change. The vague wording of the Eighth Amendment allows room for the opinion of what punishments are acceptable to adapt to modern times.
Is the death penalty “cruel and unusual” and in violation of the 8th Amendment? We should us it sparely but I do not think it’s cruel and unusual nor is it violating the 8th amendment. We need to make sure the crime fits the punishment. In mid-1993, the Death Penalty Information Center received a request from Rep. Don Edwards, then Chair of the House Judiciary Subcommittee on Civil and Constitutional Rights, to prepare a report on the problem of innocent people on death row. At that time, crime bills were being introduced which involved an expansion of the federal death penalty and a curtailing of the capital appeal process. There also had been a series of highly publicized releases of people from death row in which it had belatedly been discovered
The Eighth Amendment to the U.S. Constitution, sanctioned in 1791, has three arrangements. The CRUEL AND UNUSUAL PUNISHMENTS CLAUSE confines the seriousness of disciplines that state and governments may force upon people who have been indicted a criminal offense. The Excessive
“Excessive bail shall not be required... nor cruel and unusual punishments inflicted.” The definition of a cruel or unusual punishment is to be interpreted by the reader, but the 10th amendment would also suggest that the definition is up to the states. This is because the 10th amendment clarifies that, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” This suggests that the people or their state representatives should vote to define parts of the constitution that have interpretive parts.
The suffering, pain, or humiliation, of a person is considered cruel and unusual punishments and is not acceptable by the Eighth Amendment which states the prohibiting the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments. With this amendment you have the rights of; protection from physical brutality, rape, sexual assault, and sexual harassment, your rights to decent conditions in prison, also your rights to medical care.
The Eighth Amendment to the United States Constitution states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” This amendment is most commonly used in context when discussing capital punishment, otherwise known as the death penalty. Many people in today’s society believe that the death penalty is unconstitutional, that it violates the Eighth Amendment because it is considered cruel and unusual punishment. This should not be considered cruel nor unusual because the people receiving the death sentence have committed unspeakable crimes, therefore, punishing them with the death penalty is fair. The death penalty can help prevent the act of lynching.
In discussion of the 8th amendment the topic that will be covered is the history before the amendment has been attached to the Bill of Rights, the interpretations of the amendment, and the amendment in affecting this generation today. This amendment officially states in the Constitution, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (CRS/LII Annotated Constitution Eighth Amendment). This emendation is about the government mandating that punishments are not allowed when they are cruel or unusual. “…; but it is safe to affirm that punishments of torture [such as drawing and quartering, emboweling alive, beheading, public dissecting, and burning alive], and all the others in the
The 8th amendment prohibits any type of punishment that is cruel or unusual in our correctional system. For example, in prison, a guard cannot cut an inmate's ear off or subjugate him/her to a whipping for finding contraband in their bunk.
The 8th amendment states, "nor cruel and unusual punishments inflicted." S. 12 uses the word "subjected". The difference is that S. 12 can be applied to matters other then criminal punishment, as seen in Rodriguez v. British Colombia  3. S.C.R.
The supreme court made a ruling that determined that one’s punishment must be equal to the crime committed due to the eighth amendment that prohibits cruel and unusual punishment. “The Court has attempted to simultaneously satisfy its moral inclinations and the text of the Constitution, but these efforts have resulted in an inconsistent and confusing Eighth Amendment Punishments Clause jurisprudence” (Ryan, 2010, p. 569).
“In a monumental 1972 decision by the US Supreme Court, all but a few death penalty statutes in the United States were declared unconstitutional” (Radelet & Borg, 2000,