🔥🔥🔥 8th Amendment Essay

Tuesday, July 06, 2021 1:54:57 PM

8th Amendment Essay



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The Eighth Amendment explained

The rule of being innocent until proven guilty is promoted in the eighth amendment as well. That mean the person being charged shall not face jail time until it is proven that they have done the crime. The Eighth Amendment however, does not guarantee an absolute right to be released on bail before trial. The U. Supreme Court has identified. Constitution on September 5, , and was voted for by 9 our of the 12 states on December 15, 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? The Fourth Amendment covers the right to be free from unreasonable searches and arrests: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.

Constitution Essay. The Eighth Amendment to the U. Constitution Essay Words 7 Pages. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Constitution limits the punishments that may be imposed by the government on American citizens. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. In some ways, the Clause is shrouded in mystery.

In , this same prohibition became the central component of the Eighth Amendment to the United States Constitution. When the United States Constitution was first ratified by the states, it did not contain a Bill of Rights, and it did not prohibit cruel and unusual punishments. These protections were not added until after the Constitution was ratified. The debates that occurred while the states were deciding whether to ratify the Constitution shed some light on the meaning of the Cruel and Unusual Punishments Clause, because they show why many people thought this Clause was needed.

The proposed Constitution made the federal government much more powerful than it had been under the Articles of Confederation. One of the most significant of these new powers was the power to create federal crimes and to punish those who committed them. Opponents of the Constitution feared that this new power would allow Congress to use cruel punishments as a tool for oppressing the people. We are then lost and undone. If the federal government tried to bring back the rack, or thumbscrews, or gibbets as instruments of punishment, such efforts would pretty clearly violate the Eighth Amendment. But once we get beyond these areas of agreement, there are many areas of passionate disagreement concerning the meaning and application of the Cruel and Unusual Punishments Clause:.

First and foremost, what standard should the Court use in deciding whether a punishment is unconstitutionally cruel? Should it look to the standards of , when the Eighth Amendment was adopted? Should it look to contemporary public opinion? Should it exercise its own moral judgment, irrespective of whether it is supported by societal consensus? Should it look to some other standard? Second, does the Cruel and Unusual Punishments Clause only prohibit barbaric methods of punishment, or does it also prohibit punishments that are disproportionate to the offense? For example, would it violate the Eighth Amendment to impose a life sentence for a parking violation?

Third, does the Cruel and Unusual Punishments Clause prohibit the death penalty? Many argue that capital punishment fails to advance any public good, that it is of a past era, and it should be eliminated. Proponents of the death penalty argue that some people have committed such atrocious crimes that they deserve death, and that the death penalty may deter others from committing atrocious crimes.

They also point out that the punishment is authorized in a majority of states, and public opinion polls continue to show broad support for it. There is not time or space here to answer all these questions, but the essays that follow will demonstrate differing ways of approaching several of them. This essay concerns the original meaning of the Cruel and Unusual Punishments Clause. It argues that the Constitution should be interpreted in accordance with its original public meaning, and it demonstrates what effect such an interpretation would have in the real world. In recent years, some judges and scholars have argued that the meaning of the Constitution should change as societal values change. Dulles This approach allows the Supreme Court to get to whatever result it considers desirable, regardless of what the text of the Constitution actually means.

These two documents are what we were founded on. The Eighth Amendment ratified in , and it had three clauses. The Cruel and Unusual Punishment means that the state and federal government restrict how extreme the punishment is to a person who has done a crime. This clause is made so that the people that are accused are not tortured and killed cruelly. The Excessive Fines restrict the state and federal government the amount of money a person fined for a crime. Bill of Rights was written by James Madison in It contains the United States first ten amendments. It was then ratified on December 15, Although the amendments are ordered, they are all equally important, however some can be argued as outdated.

The Bill of Rights added 10 amendments to the constitution. The 8th amendment in the Bill of Rights is the most important amendment because it protects the right to no cruel or unusual punishments for committing a crime, the right to have a reasonable bail fee, and to have no excessive fines. 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. James Ingraham, a Florida middle school student was paddled more than 20 times while being restrained by two assistant principals.

The student required medical attention after the punishment. The United States Supreme Court ruled in favor of the school district because the 8th amendment. The Most Significant Amendment in the Bill of Rights 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. This impacts our lives today by not being limited on what we can or can't say.

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