Eighth Amendment Essay

Capital punishment has been a recurring, controversial issue throughout the history of the United States of America. When an individual is accused for a heinous crime such as murder, one of their sentences could possibly be the death penalty. Taking a life for a life seems simple on the surface, but in reality, there are many setbacks and controversies that come with it. Capital punishment has been around for a while but it hasn’t been contested as much as it has today. People who are for the death

(COL).” The legal movement to abolish capital punishment in the United States has been rooted in the Eighth Amendment. The Eighth Amendment states, “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (Cornell).” The argument against the use of the death penalty is rooted in the Eighth Amendment because of the “no cruel or unusual punishment” clause. The proportionality requirement only allows a punishment to be proportional

A sample of inmates released during this period was drawn from a list obtained from the Florida Department of Correction, for a total sample of roughly 3,793 offenders. Careful attention was given to securing a representative sample from each offense group. The offenders chosen were released from public and private state prisons after expiration of their sentences. The centralized idea of this study was to determine the differentiation between public and private state prisons focusing on recidivism

medical visits, treatments, or medication until he began work again (Legal Information Institute). The 8th amendment states in the U.S. Constitution “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” (National Constitution Center), and in Gamble 's eyes the actions taken by the prison officers were in direct violation of his 8th amendment. This led gamble to writing a letter to the Supreme Court of the United States and was accepted for review

figured if there was proof, then there would not need to be multiple witness testimonies. Finally at the end of Article VII, there is a note of all the mistakes made in the piece, this includes, “The Word, "the," being interlined between the seventh and eighth Lines of the first Page, The Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page, The Words "is tried" being interlined between the thirty second and thirty third Lines of the first Page and the Word "the" being

the 8th Amendment 1. Introduction The U.S. Constitutional Rights are laws that guarantee the basic rights for the citizens.There are twenty-seven Constitutional Amendments in total, but 10 of them represent The Bill of Rights. The Bill of Rights ensures the basic individual protections such as freedom of speech and religion. The Bill of Rights became part of the Constitution in December 15, 1791 by George Mason. In my opinion, the 8th amendment is important because this amendment gives people

some states was to introduce mitigating and aggravating factors when determining sentencing where, in 1976, the Supreme Court ultimately approved. The Supreme Court also held that the death penalty itself was once again constitutional under the Eighth Amendment allowing states a new dawn for a better society. On January 17, 1977, the suspension of the death penalty officially ended with the execution of Gary Gilmore in Utah, by firing squad, and that same year the introduction and use of the new kinder

Since 1976 until now, 1,460 people have been executed by the death penalty. The death penalty ended many people’s lives. People question whether it is all worth it. But the real question is, is the death penalty constitutional? Many over the years have asked this question and been debated and still is debated today, in everyday conversation and in courts. Though, when the Constitution is analyzed one can understand that the death penalty is constitutional. An abundant amount of people, if asked

considered an unusual and cruel punishment to the point of violating the eighth amendment? Is torture considered a bad thing? Solitary confinement has been the only choice that the system could think of in order to reprimand those who have already done something wrong. Torture is often used for the purpose of having a positive outcome, which is not a bad thing depending on the situation and its extent. The eighth amendment of the United States Constitution was first introduced by James Madison for

Collins, No. 93-7054, Justice Scalia wrote, “The Fifth Amendment provides that ‘(n)o person shall be held to answer for a capital . . . crime, unless on a presentment or indictment of a Grand Jury, . . . nor be deprived of life . . . without due process of law.’ This clearly permits the death penalty to be imposed, and establishes beyond doubt that the death penalty is not one of the "cruel and unusual punishments" prohibited by the Eighth