The Pros And Cons Of The Eighth Amendment

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 suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

The ninth amendment is U.S. citizens are guaranteed their rights that are not listed on the Constitution, such as the right to privacy. Some court cases that are tied with the ninth amendment is the Griswold v. Connecticut (1965), Regents of the University of California v. Bakke (1978), City of Richmond v. J.A. Orson Co (1989), Boy Scouts of America v. Dale (2000), and Grutter v. Bollinger.

In my opinion, the 8th amendment is important because this amendment gives people the right against excessive bail, fines, or cruel and unusual punishment. No citizen of the United States should be subjected to cruel or insane punishment, and they shouldn 't have to pay a bail amount that is too excessive for the crime. This Amendment was added to the Bill of Rights to ensure greater stability and was a compromise between the legislature election in the original non-party elections and the new president. The Amendment’s Bail Clause is a result of injustices perpetrated in England, were judges often abused their power in determining whether bail should be allowed to suspects. After a number of unsuccessful attempts at reforming the law, the English Bill of Rights in 1689 specifically outlawed excessive bail. The U.S. supreme court 's held in 1987 that the eighth Amendment 's Bail Clause had only one meaning that bail conditions, when compared with the magnitude of

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 8th Amendment to the United States Constitution protects the people from a government who may try to restrict or null your right to fair bail. The right restricts the judicial branch from performing any unfair procedures that can be directed towards a defendant, which is due process. Which is to state that the right to fair bail falls under due process because it is selectively incorporated in order to protect one’s unalienable rights of life, liberty, and property. The right guarantees that the defendant who is paying bail is given a fair/reasonable bail price.

It’s all over the news, a murder recently happening. They killed an innocent by beating them with a baseball bat and burning their trailer while they were still inside. Given the proper evidence, most states would sentence the murderer to life in prison without parole. So don’t you think if other murderers receive the same punishment this murderer should too? Would your opinion change if they were a 14 year old boy? Many found this punishment to be breaking the 8th Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. In the case Miller vs Alabama, 2011, young Evan Miller, along with Colby Smith murdered Cole Cannon. If two young kids could cause an adult crime, they should

presentment and have been indicted by a Grand Jury. This allows for people to “plead the 5th” in court. The text of the Sixth Amendment states that in all and any criminal prosecutions, the accused will be given the right to a public and speedy trial, by an impartial jury of the district and state where the crime took place. The Seventh Amendment gives an individual a right to have a trial by jury instead of judge to some civil cases. The Supreme Court ruled in Justices v. Murray, 76 U.S. 9 Wall. 274 274 (1869), that the Seventh Amendment is not only limited in being applied to civil lawsuits that are tried before juries found in United States courts, but is also applicable in cases that are tried before a jury when at a state court. The

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

Amendment eight is the most interesting amendment because of its wording , has three corresponding laws inside it , and protects the people living in the U.S. Because of its wording, the eighth amendment is the most interesting amendment. The beginning of this amendment states “excessive bail shall not be required…” (Amendment Eight). The word excessive means “going beyond what is fair, proper, or normal.”

Are the courts violating the 8th amendment by imposing mandatory life imprisonment on juvenile offenders? Is this sentence initiating cruel and unusual punishment to juveniles?

The First Amendment was created in a way, to ensure that all those who seek freedom, in speech, press, religion, and assembling can do so. However, recently freedom of religion has not been fully secured. For instance, there has been bans against immigrants sorely because of their religion stereotype. Something that is contradictory to the First Amendment, "Congress shall make no law respecting an establishment of religion...". The First Amendment should be able to encourage each and every religious freedom, because people no longer feel safe about expressing their religion as the United States government have shown favoritism towards other certain religions. And since numbers are rising in certain religions, diversity should be accepted and shown throughout the U.S. and by the government.

Throughout the history of this ever-expanding nation as well as many others, there have been times in which words alone were able to stop an action. Consequences were bountiful and punishment seemed to be thought of on the fly. For instance, a convicted murderer may have gotten thrown in jail, however a man who may have sneezed on the king would have been burned at the stake for “Crimes against the Kingdom.”  In modern times it seems nearly impossible to think that such unfathomable treatment was commonplace and, worse yet, a public spectacle. After many years of being free of British rule, the Framers of the United States Constitution had envisioned a society based on the treatment from

To Begin the eighth amendment states Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment (capital punishment) The points this amendment makes are very important, they ensure justice for every criminal. This is a clear version of protection under the law. Additionally courts enforce no criminal will be deprived of his life without due process of law. Under the eighth amendment prisoners do have rights although some feel they do not. The law helps prisoners. Therefor to repeat prisoners do have rights under the eighth amendment.

The eighth amendment of the United States Constitution was first introduced by James Madison for the purpose of prohibiting some punishments that are not legal, such as painful and hard labor. This amendment states that punishments must be fair, not cruel, and must have a certain limit. The eighth amendment also prohibits the imposition of excessive bail and excessive fines. For example, an accused must be treated as an innocent person before he or she is proven otherwise. Excessive bail depends on how severe the situations are. Other great examples of the 8th amendment prohibitions are castration, burning at the stake, and quartering.