Tuesday, December 17, 2019

Importance Of The Eighth Amendment - 1115 Words

The eighth amendment helps people stay safe, for those who are going to jury. The eighth amendment was ratified in 1791 and stated that, â€Å"Excessive bail shall not be required, nor excessive fines are imposed, nor cruel and unusual punishments inflicted.† This was made to help make sure that more amounts of bail money/property are not given to by excessive amounts, and that cruel or unusual punishments are not prohibited to any person going into court. Bail is where a certain amount of money is required to leave jail and is another way to ensure that you will go to a trial. Patrick henry and Holmes were people who pointed out that americans should have the right to not be torched. This amendment came into place due to the horrible†¦show more content†¦Yet there are ways to find the right amount by looking into the severity of the offence, their social ties or even the financial stability of the accused. Overall the eighth amendment helps prevent abuse of power an d goes against cruel punishments The eighth amendment helps letting americans not have to go through unusual and cruel punishments. â€Å"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,† (â€Å"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. â€Å"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 s tay 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. â€Å"EighthShow MoreRelatedThe Freedom Of Speech By The Bill Of Rights977 Words   |  4 Pagesreading the chapter, The Law, I learned more about the amendments and what the ones mainly pertaining to criminal justice actually meant. The First, Fourth, Fifth,Sixth, Eighth, and Fourteenth Amendment all provide a foundation for our criminal justice system. There are also many particular protections in The Bill of Rights. The First Amendment has many different clauses that make it up and I would say that it is the most important out of the Amendments in regards to the criminal justice system. FirstRead MoreThe Rights Of The United States1690 Words   |  7 Pagesnationalization of Fourteenth Amendment, so citizens of the U.S. are ascertained to have protection from states as well as central government. Due to this process, many legal cases have been solved in the most tenable and effective way such as Near v Minnesota, Robinson v. California, Mapp v. Ohio, and McDonald v. Chicago. Selective incorporation has helped the case of Near v. Minnesota out of false persecution of the state law by using the First Amendment. The First Amendment, freedom of speech, wasRead MoreBill of Rights Essay1647 Words   |  7 Pages Brant gives a summary of how these amendments proposed by James Madison, would be added quickly to the Constitution: The first ten amendments were added to the Constitution of the United States in a period of uneasy calm. The Americans who were most apprehensive over that untried document, because its guarantees of liberty did not go far enough, included a great many who wanted to cut down its grants of legislative and executive power. But the amendments were drafted and submitted to the nationRead MoreEssay on Research Proposal: Capital Punishment1282 Words   |  6 Pagesunderstand the crime rates for each state based on the criminals charged with murder because only criminals facing charges of murder can be sentenced to death row based on the eighth amendment. An Impassioned Debate: An overview of the death penalty in America depicts the facts about the eighth amendment. The eighth amendment is the prohibition on cruel and unusual punishments (Masci 1). There are two significant cases that have inflamed the debate over the capital punishment, The Baze v. Reese caseRead MoreThe Execution Of A Burglary At Micke s Home1078 Words   |  5 Pagesjury did not consider any relevant factors regarding the offender and their conclusion was not accurate. In addition, Furman’s lawyers also claimed that uncontrolled jury discretion violated Furman’s Eighth Amendment right not to be subject to cruel and unusual punishment and his Fourteenth Amendment right to due process. On June 19th 1972, the U.S. Supreme court reversed a death sentence for the first time in history, showing Furman’s challenge to be successful. In the Furman decision, the courtRead MoreThe Rights Of The United States1684 Words   |  7 PagesRights are nationalized to the states through the Fourteenth Amendment, so citizens of the U.S. are ascertained to have protection from state government as well as central government infringements. Due to this process, many cases of interpretation of the laws have been reserved and established precedent cases in such as Near v Minnesota, Robinson v. California, Mapp v. Ohio, and McDonald v. Chicago. In Near v. Minnesota the First Amendment, freedom of speech, was nationalized in 1925 after â€Å"the URead MoreThe Death Penalty Is The Only Good Enough Punishment1065 Words   |  5 Pagespunishment refers to the death penalty. It is constitutional and does not violate the Eight Amendment which prohibits the federal government from imposing cruel and unusual punishments, including torture. The Supreme Court was firm on its stand that any method of execution definitely will inflict some pain and states with capital punishment have already adopted more humane methods to carry out executions. The Fifth Amendment provides that no persons shall be held to answer for a capital crime, unless on aRead MoreThe Importance Of Government Transparency And Accountability1628 Words   |  7 Pagesto the discussion of the rights to the accused, it is important to note the importance of government transparency and accountability throughout this paper. Under the fourth amendment there are three provisions that needs to be discussed. Two of these provisions: No improper searches and seizures, and Evidence obtained by illegal search not admissible during trial. In 1990, the Supreme Court summarized the Fourth Amendment brilliantly and succinctly: â€Å" A search compromises the individual interestRead MoreDred Scott v. Sandford, Plessy v. Ferguson, and Brown v. Board of Education of Topeka, Kansas843 Words   |  4 Pagesever been and or are US Citizens. Furthermore, the court ruled that Congress could not stop the spread of slavery to the newly emerging states. They went so far as to declare the Missouri Compromise unconstitutional; claiming it violated the 15th Amendment by denying property with out due process. This declaration stripped African Americans of their rights and stated that according to the United States Supreme Court, they were to be considered as livestock and to be treated as such. In doing soRead MoreNotes On Flowers And Justice Essay1624 Words   |  7 Pagesâ€Å"Fourteenth Amendment â€Å"and â€Å"Double Jeopardy Clause† under â€Å"the Fifth Amendment†. As Flowers addressed racism, other African Americans in the jury began to question their original standing, he also further argued his ability to his constitutional rights (Legal Information Institute n.pag.). Throughout the trails, Flowers was found guilty and each time he applied for an appeal- hence the duration of the trails. Death sentences and convictions were obtained because of the violation of the sixth, eighth, and

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