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U.S Constitution’s Eighth Amendment
Since the ratification of the Eighth Amendment nearly two hundred and twenty two years ago, the citizens of the United States have been under constitutional protection from excessive bail, fines, and unusual or cruel punishment. The following examines and gives a brief analysis of the origination and history of the eighth amendment, along with the provisions/clauses contained within the amendment. In addition, I think an amendment requiring a limitation on immigration and immigration services should be added as the twenty-eighth amendment to the United States Constitution.
History of the Eighth Amendment:
The eighth amendment was passed by congress on September 25, 1789. Back in ratified in 1791 as part of the Bill of Rights to protect individual freedoms from being infringed upon by the government. The language of the amendment has been traced back to the year 1215. In that year, the British drafted what is known as the Magna Carta of 1215. Within the Magna Carta came up the idea that “punishments ought to fit the crime.” With that, the provision in the eighth amendment directly states that there is protection from any cruel or unusual punishment. “Passed by Congress September 25, 1789. Ratified December 15, 1791.” This amendment, which was modeled closely after the English Bill of Rights of 1689
Excessive Bail Clause:
The first clause of the eighth amendment, protects U.S citizens from being held in jail on excessively high bail. The purpose of bail is to free citizens while they await their trials because they can’t be “deprived of life, liberty or property without due process of law.” Specifically, “bail is money that a criminal defendant (a person charged with a crime) pays in order to be...
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...with the eighth amendment, it would a feasible idea to clearly express the limitations that come with bail, fines, and punishment. My proposal for the twenty eighth amendment is not created to offend anyone personally within the course, but serve as a general purpose for a real life proposal on how the United States should tackle the immigration problem.
Works Cited
http://www.revolutionary-war-and-beyond.com/8th-amendment.html http://www.slate.com/articles/news_and_politics/jurisprudence/2013/11/guillotine_death_penalty_lethal_injection_is_cruel_and_unusual_punishment.html http://www.oyez.org/cases/2000-2009/2002/2002_01_6978 http://www.heritage.org/research/reports/2013/05/the-fiscal-cost-of-unlawful-immigrants-and-amnesty-to-the-us-taxpayer http://www.heritage.org/research/reports/2013/05/the-fiscal-cost-of-unlawful-immigrants-and-amnesty-to-the-us-taxpayer
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. This amendment is the 8th bill of rights in the constitution of the United States of America. The death penalty is a direct violation of the constitution of the United States, and should be deemed unlawful by the Supreme Court. Although the death penalty shows justice at avenging the death of the innocent, it is not cost effective by being ten times more expensive than a criminal spending life in prison, and it violates the 8th amendment in the Constitution of the United States which is the supreme law of the land.
The Eighth Amendment states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The Eighth Amendment has two specific “elements” which define an individual’s actual rights retaining to the Eighth Amendment. The first “element,” “excessive bail shall not be required, nor excessive fines imposed” states that fines or bail should not be overly unobtainable or imposed on an individual. The second “element” of the Eighth Amendment, “cruel and unusual punishments inflicted,” states that cruel or unusual punishment will not be inflicted.
The Supreme Court developed the laws governing Victim Impact Statements based on what they thought was a constitutional conflict where the punishment may be enhanced when a statement made by the victim or family may have more of an impact on the sentencing authority than the severity of the crime (Stevens 2000). Or that the victim impact statement may draw the juries attention away from the evidence at hand and the case being decided through emotional not evidence based means. The Eighth Amendment requires that no excessive bail be required, nor excessive fines imposed, nor cruel and unusual punishments be inflicted.
Attempt by Congress to strike a balance between society's need for protection from crime and accused right to adequate proce...
...n some peoples’ opinions’ that would be a horrible idea, but I think that if someone was to make people suffer and put them through absolute misery, they should not be let off the hook very easily. So instead of the Eighth Amendment being “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” (Legal Dictionary), it should be “as “Excessive bail or fines should not be imposed unless it fits the crime committed, cruel and unusual punishment should also not be imposed unless the need was to arise where the crime was extreme enough for all the jury members should agree on a cruel or unusual punishment.”.
I think that executing a minor violates the 8th amendment, “No cruel or unusual punishment.” If a little kid makes a mistake and accidentally shoots a gun or does something that kills someone, and they are executed I think that that falls under cruel and unusual punishment.
According to the Tenth Amendment in the Bill of Rights: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Though last in the Bill of Rights, it is one of the most powerful and ever changing in interpretation over the course of America’s history. Some historical events that altered its meaning include the Civil War, The Civil Right’s Movement, and even modern event’s like the Supreme Court ruling on gay marriage. In this paper I will discuss how the Tenth amendment has a large effect in both America’s history, but also how it is now portrayed America’s present.
The courts have declared that if a sentence is inhuman, outrageous, or shocking to society, it would be considered cruel and unusual. For example, cutting body parts off, breaking on the wheel, crucifixion, and so on. The Founding Fathers intention for the Eighth Amendment was to give the government into the hands of people and take it away from arbitrary rulers and judges, who might expose any amount of excessive bail or cruel and unusual punishment that they wished....
“Criminal Law and Procedure -Eighth Amendment- Juvenile Life Without Parole Sentences: Graham v. Florida” (2009) Harvard Law Review. N.p., n.d. Web. 6 Apr. 2011.
The seventh amendment was written to not only protect people from the government but also from each other. This amendment extends to civil cases; whereas, the six...
The amendments Bail Clause was a result of injustices in England, where the judges abused their power in determining bail. There were a number of attempts to reform the law, but the English Bill of Rights in 1689 outlawed excessive bail. But it did not specify which offenses should or should not qualify as bailable. In 1987 the U.S. Supreme Court held that the Eighth Amendment bail clause had only one meaning. That bail conditions when compared with the magnitude of crime, should not be excessive (). The first case to see this excessive bail clause was United States vs. Bajakajian in 1998. This case was one were more than $10,000 U.S currency was taken out of the country without reporting it as law required. As a result the fin was
The Eighth amendment which was passed by Congress on September 25, 1789 and was ratified on December 15, 1791 states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This helps protect citizens by not allowing the judge to assign the defendant an excessive bail without knowing whether he or she is guilty of the crime in question. The second part states that there shall be no cruel or unusual punishment although it has not really been determined what is cruel and what is not. Things like branding, strangulation, being locked in stocks or burned where still means of punishment when the Eighth amendment was
We live in the 21st century, where most Americans mind their own business but take for granted our God given rights. Not only God given rights but also those established by our founding forefathers. This paper will illustrate and depict the importance of the original problems faced when adopting the Constitution and the Bill of Rights. It will discuss the importance of the first amendment, the due process of the 4th, 5th, 6th, and the 8th amendments. Last but not least the importance of what is known as the “second Bill of Rights” (14th amendment).
An argument against the 22nd is that it deprives voters of their right to reelect the candidate of their choice which is seen as undemocratic. It does not deprive citizens of their right to elect, because the Electoral College negates that argument. The Electoral College is a body of people representing the states of the US, who formally cast votes for the election of the president and vice president1. This is not based off the popular vote, which is from the people. The people can vote for a person and give them a significant number of votes but the electoral may not chose that person as president. The amendment was not created to
The first two issues that eighth amendment prohibits is excessive bail and fines. The excessive bail clause prohibits courts from demanding excessively high amounts of bail, and the excessive fines clause prohibits courts from charging excessively high amounts of fines. The Constitution does not give a clear meaning on what “excessive bail and fines” means, but the Stack v Boyle case did (Lemieux, "The Supreme Court's Empty Eighth Amendment Promise”). Stack v Boyle was a U.S Supreme Court case where the bail was set at an amount of $50,000 which was higher than the bail set with similar and even more serious cases. This case established that bail and fi...