Violation Of The Eighth Amendment Essay

Though it may seem that the debate over the death penalty only most recently surfaced, the dreadful tradition of capital punishment arrived in the United States at the time of the colonists. In the 17th century, most people were hung, beheaded, burned alive, or crushed under stones. All of these were in public, where a large crowd gathered to watch the horrible sight, similar to the tradition in old Europe. Eventually, the 19th century favored hanging as the most common form of execution. This marked the start of a more humane approach accepted as constitutional as executions moved away from the public eye. More developments came in the 1800’s as a movement to abolish capital punishment arose. This effort was stalled for a time during the Civil

This United States Supreme Court case looked into whether-or-not the Cruel and Unusual punishment clause of the Eighth Amendment applies to corporal punishment in public schools. Additionally, the case explored the due process clause of the 14th Amendment in terms of prior notice before the punishment is delivered.

Execution by firing squad has a long history in America. The first recorded execution by firing squad was in 1608, when George Kendall, one of the original councilors in the colony of Virginia was put to death (The Execution Protocol).

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).

That question is a debate that has been occuring for years. The supreme court has previously ruled that the dealth penalty is not cruel and unusual punishment there for it is not violating the eighth amendment in any way. Despite how the supreme court has ruled the death penalty, there is still many arguments till this day on whether or not it should fall under cruel and unusual punishment. In 1972, the case Furman V. Georgia was brought in front of the supreme court to rule whether or not they believed the dealth penality was cruel and unusual. This case almost ruled out the death penalty, but that didn't last very long. In 1976, the case Gregg V. Georgia came in front of the Supreme Court and the earlier decision was changed because a majority vote believed that the dealth penalty was not cruel and unusual. Eventually four principals were established to decided whether or not punishment was cruel and unusual. The four questions were, is it degrading to human dignity? Is it arbitary? Is it rejected throughout society? Is it unnecessary? Which many states ended up believing that the death penalty were along the lines of those four principals. Clayton Lockett might be a tragic example of the death penalty going bad. He was getting injected, but the injection didn't kill him up until an hour after it was injected. He had to sit there and suffer and many would of

The Death Penalty and Capital Punishment have been a topic for concern with many people in the past and the present today. The death penalty and capital punishment have been used throughout history going back as far as Ancient China in which they would sentence a person to death for committing a capital offense, such as spying, murdering, acting as a traitor, etc. The earliest documentation of the use of the death penalty in the United States was in 1608 when Captain George Kendall was executed for being a spy. In 1612, Thomas Dale, governor of Virginia, enacted the Divine, Moral, and Martial Laws which could enact the death penalty for minor offences, like stealing grapes, trading with Indians, etc. The crimes that were considered logical for the death penalty varied from state to state, but they mainly had the same reasons for doing so. The death penalty has

Hannah Patrick, one has only to look at some of the cases such as Coker v. Georgia to feel that the death penalty does not violate the Eight Amendment’s ban on cruel and unusual punishment. However, the U.S. Supreme Court says it is excessive punishment for the rape of an adult woman and that it violates the Eighth Amendment prohibition of cruel and unusual punishment. In Coker v. Georgia, the defendant raped a woman and stabbed her to death. Eight months later he kidnapped another woman, raped her twice, and abandoned her to die after biting her severely. While he was serving multiple life terms in prison, he escaped and kidnapped, raped, and robbed a third woman at knifepoint (LeSage, 1978). I do not see how you can read about this case and decide as the U.S. Supreme Court did.

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 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

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

This year, there is more than 80,000 people that will be released from prison, they will be returning to their lives with their families, and in their communities. These ex-convicts who are released are going to still be able to buy a house, buy a car, get married, have children, and even get a job. Is allowing them to vote going to cause a danger to society? The eighth amendment states that an excessive sanction on the person is prohibited. Also, there is a set limit on the amount of time they must stay outside of prison before they are able to vote again. Lastly, being an active, participating member of the community helps with rehabilitation. Ex-convicts should be allowed to vote. They are still humans and still citizens who deserve

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

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.

The death penalty is a subject that is ever changing and has been changed in many occasions during its long history in society. There where moments where being mentally ill, or being a juvenile was a tickets out of the death penalty no matter how severe or horrid the crime commited truly was. The reason this changed occured it because the courts believe it is a violation of the 8th amendment which protects people from cruel and unsual punishment, but this makes me begin to think if this amendment is used to protect only those that apply to these certain conditions isnt it a cruel and unsual punishment for the people that do not fall under these catergories. Many individuals believe that a child is not yet

If everything was done correctly, the execution would be finished in a matter of seconds. Unfortunately, that was not usually the case, and the deaths were slow and painful. The end results of a hanging consisted of the eyes popping out of their sockets, protruding tongue, bloated face, defecation, and severe jerking of the body and appendages (Descriptions”).