The Eighth Amendment and Death Penalty Essay

1399 Words 6 Pages
The Eight Amendment to the U.S. Constitution “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted”, proposed on 9/25/1789 and approved on 12/15/1791. The cruel and unusual punishment confines the harshness of penalties that state and federal governments may inflict upon ones who have been condemned of a criminal offense. The excessive fines phrase restricts the amount that state and federal governments may possibly fine an individual for a specific offense. The excessive bail phrase limits legal judgment in setting bail for the discharge of persons indicted of an illegal action during the time following their capture but prior to their trial.
Mount, Steve, "The Bill of Rights
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Based on these rules, crimes such as rejecting the “God,” were punished by death. (Randa, 1997).In nineteenth century, many states decreased the number of their capital offenses and constructed state prisons. In 1834, Pennsylvania moved the execution law away from the public eye. In 1846, Michigan, another state of America, eliminated the death penalty for all offenses except betrayal. After all, Rhode Island and Wisconsin were two states that put end for all crimes. After years challenging, the elimination of death penalty except for some severe cases was approved in 1972.
"History of Death Penalty." The Death Penalty. Michigan State University Comm. Tech Lab, 2000-2004. Web. 28 Jan. 2010. <http://deathpenaltycurriculum.org/student/c/about/history/history-1.htm>.
The Eight Amendment entails that every penalty inflicted by the government be in proportion with the crime entrusted by the defendant. Penalties that are unreasonably inconsiderate will be turned over on petition. For instance, punishments that have been turned over for being irrational are two Georgia (Coker v. Georgia, and Eberheart v. Georgia) decrees that ordered the death penalty for rape and kidnapping. According to the Supreme Court, the Eighth Amendment prohibits some penalties completely, and prohibits some other penalties that are extreme when evaluated to the offense, or to the capability of the performer. The U.S. Supreme Court interpretation of the…