The Second Amendment Gets From The 1689 English Bill Of Rights

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.

The Eighth Amendment protects the right of prisoners before they are tried and after they are convicted. It also bars excessive fines and “cruel and unusual” punishments. In 1641, the Massachusetts Body of Liberties standards allowed the death penalty for blasphemy and had physical punishments such as cutting off ears and branding with a hot iron. But now the death penalty is no longer allowed in some states because its defined as “evolving standards of decency” and most are extremely cruel and the cost is expensive. The Eighth Amendment prohibits mentally ill persons to “cruel and unusual” punishments. The Supreme Court case in 2005 of Roper v. Simmons is about Christopher Simmons and he was sentenced to death in 1993, when he was only 17.

The Eighth Amendment of the United States Constitution protects us to not be putted into cruel and unusual punishments, but when it comes to the death penalty, things become more complicated. In my personal opinion, I believe the absolute interpretation of the 8th Amendment and that the death penalty undoubtedly violates the 8th Amendment. Looking at the case of “Furman v. Georgia (1972)”, the Court invalidated death penalty laws in the end because the justices considered the punishment of the death penalty was too cruel and unusual to the Furman’ sin, accidentally killing people, and disproportionately using the death penalty would result in more serious problems to the poor and minorities. This decision fully reflected the reliability of

The 8th amendment says that excessive bail shall not be required, or excessive fines, or cruel and unusual punishment.

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 Eighth Amendment however, does not guarantee an absolute right to be released on bail before trial. The U.S. Supreme Court has identified

Capital Punishment is Not Only Unusual, But Cruel      The most widely known aspect of the eighth amendment is the fact that it prohibits cruel and unusual punishment. Cruel and unusual punishment is perceived as punishment that causes “an unnecessary and wanton infliction of pain” (Bailey). Is capital punishment cruel and unusual? It is one of the most controversial topics in America today. In effect since the 1600s, the US Supreme Court ruled that the death penalty was “cruel and unusual” in 1972 but reversed this decision when a "cleaner" way to bring about death was found in 1976 (Encarta).

The famous Founding Fathers of the United States created critical documents to protect the citizens of the country they were establishing. These documents included the Declaration of Independence and Bill of Rights. The latter, the Bill of Rights, ensures certain rights to all citizens, and the Eighth Amendment in particular, protects citizens against cruel or unusual punishments for breaking the law. When analyzing the protection under the Eighth Amendment one must also look at all the aspects of the law including: the history of the law, the modern uses and abuses of the law, and the law’s current effectiveness.

The Eighth Amendment was tested through many Supreme Court and there were some very significant ones such as the Miller v. Alabama. The no cruel or unusual aspect of the Eighth Amendment gives protection of undeserving or unreasonable punishment to a citizen that commits a crime. As Supreme Court cases regarding the Eighth Amendment open and closed the meaning of no cruel or unusual punishment changed; the sentencing of death is not considered cruel and/or unusual to a suspect that is mentally insane this aspect of the Eighth Amendment is important to the wrongfully accused people that are sentenced something for a crime that they did not commit. A significant

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.

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

Today, any disputes that involve amounts less than $75000 will not be handled in a federal court. The eighth admindment " excessive bail shall not be required Nor excessive fines imposed nor cruel unusuall punishments inflicted. "This amendment prohibits excessive fines and bail, as well as cruel and unusual punishments. The phrase “cruel and unusual punishments” first appeared in the Bill of Rights.

The Eighth Amendment of the Bill of Rights prevents the government from excessively punishing and fining. It’s also used to prevent inhumane and severe punishments to the convicted. Basically, they can’t cut off your fingers if you steal something; and if you’re given the death penalty, it’s one of a few ‘humane’ methods, things and nothing ‘unique.’ This could prevent severe, horrific abuse in many cases.

Anyone who has watched or still watches the show Law and Order(a show that depicts the criminal justice system),will know that the recurring arguments between prosecutors and defense attorneys on the show is the issue of the amount of bail that should be set for the defendant. The prosecutors will argue that the bail should be set high,and the defense attorney would disagree, stating that this is a violation of the defendant’s Eighth Amendment right. The Eighth Amendment states that “excessive bail shall not be required,nor excessive fines imposed,nor cruel and unusual punishments inflicted”.This amendment helps protect Americans against excessive punishments. What exactly does the Eighth Amendment allow?- In countries like the United States, where a person is usually innocent until proven guilty,the Eighth Amendment allows for the person to get out of jail for the time being, but not cleared of all charges until their trial.

The 8th Amendment has protected us against many unusual punishments and can be seen in Waters-Pierce Oil Co. VS Texas, Weems VS the United States, and Gregg Vs Georgia. In the first case, a company was sentenced to a penalty of revocation and a fine of over $1.6 million, violating the amendments. This case settled a general standard for judging whether the fine was unusual or excessive. The next case, Paula Weems was punished with 15 years of hard labor prison, loss of all political rights in prison, permanent surveillance after release and a fine of 4000 pesetas. The effect of the 8th amendment helped this case to establish the “Principle of proportionality” when the punishment was being handed down. In the third case, Troy Gregg was found