Essay on The Eighth Amendment And The Fifth Amendment

Essay on The Eighth Amendment And The Fifth Amendment

Length: 1361 words (3.9 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

Introduction
The eighth amendment is important for many of the people in the United States. The eighth amendment of the U.S. constitution states,” Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” In this paper, the only part that will be looked at is the cruel and unusual portion of the eighth amendment. This portion is the most important to the incarcerated within the federal and state prison systems. The eighth amendment deals with a few things with the various prison systems. First off, it deals with how much force can be used by the prison staff. Secondly, it deals with providing acceptable medical care. Lastly, it provides a way that is considered to humanely put to death individuals that have committed heinous crimes.
The Use of Force Pertaining to Prisoner Rights
Prisoners have a right to not having excessive force used against them. In Hudson v McMillian (1992), an inmate made a complaint that he was beaten. The lower courts said that because the inmate received minor injuries that it could not be a violation of his eighth amendment rights. The Supreme Court said it did not matter what injuries he received it only matters if the force is unnecessary and wantonly infliction of pain (Hudson v McMillian, 1992).
In Hope v Pelzer (1991), the prisoner was hitched to a post for hours without water or bathroom breaks. This constitutes cruel and unusual punishment that does not serve a penelogical interest. This also showed a deliberate indifference to the prisoner’s health and safety. This doesn’t mean a prison official cannot use force. Force is needed in some situation to maintain the custody and control of the prison. This just means that...


... middle of paper ...


...cts inmates from issues involving cruel and unusual punishment. It protects inmates from overbearing prison officials that are only concerned with running the operations of a prison. It protects inmates by requiring the prison to give medical treatment that improves the wellbeing of the prisoners. It also protects medical personnel from frivolous lawsuits that prisoners might bring because they did not get the treatment they wanted. And lastly it protects inmates from being sentenced arbitrarily to cruel methods of death. The many restrictions on the death penalty does also help prevent sentencing prisoners that might be innocent. All of these play a major role in the criminal justice system. This is done by alleviating some of the hardships involved in being incarcerated and making the prison safer for both the incarcerated and the people working there.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The First Amendment Right On Pornography Essay

- ... The type of material that can pass the honorable Burger’s test are items that should have been censored before the rules went into effect, however with its implementation it prevents material that was being harmed by broad laws before the court’s decision. Civil liberties can be defined as “freedoms so fundamental that they are outside the authority of government to regulate.” (Geer 134) They were written into the constitution in 1791 as the bill of rights and include freedoms of expression and criminal procedures for the accused (Geer 134)....   [tags: First Amendment to the United States Constitution]

Better Essays
1051 words (3 pages)

Essay on The Fifth Amendment Of The United States

- Prison Health Care The eighth amendment of the United States protects U.S. citizens from cruel and unusual punishment. The federal law mandates that, while prisoners are kept in prisons and are unable to get their own medical care, denial of health care is unconstitutional. Each state has its own laws regulating the “standard of care” for prisoners and each prison has different rules regarding health care (Dubler). This has harmful effects on prisoners in and out of prison, their families, and even seemingly unrelated people....   [tags: Prison, Medicine, Health care, Medical ethics]

Better Essays
1545 words (4.4 pages)

Essay on The Fourteenth Amendment and Equality Under the Law

- The Fourteenth Amendment and Equality Under the Law The Fourteenth Amendment was adopted in 1868 as one of the longest amendments to the Constitution with five parts in total. The most significant part is section one. In the very first sentence of section one, . All persons born or naturalized in the United States and subject to the jurisdiction thereof, as citizens of the United States and of the state where in they reside. citizenship was universalized. The Amendment was designed to prohibit state governments from curtailing the rights of former slaves after the Civil War, however it has been used to grant all of the personal liberties and rights conveyed in the Bill of Rights....   [tags: Papers 14th Amendment History Essays ]

Better Essays
776 words (2.2 pages)

The Second Amendment Of The United States Essay example

- ... That is, a level of suspicion that would lead a reasonable and prudent person to believe a crime was committed and that the person in question is responsible for that crime. If a warrant is signed by a judge, that means the government showed probable cause existed to receive permission from the court to conduct a specific search and seizure. The government, however, can still conduct searches and seizures reasonably without a warrant. Some examples would be a consent search, exigent circumstances or a customs/boarder search....   [tags: United States Constitution]

Better Essays
903 words (2.6 pages)

Essay on The Eighth Amendment

- The 8th Amendment to the Constitution of the United States prohibits cruel and unusual punishment, as well as the setting of excessive bail or the imposition of excessive fines. However, it has also been deemed unconstitutional by the Supreme Court of the United States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances. The 8th Amendment stipulates that bail shall not be excessive. This is unclear as to whether or not there is a constitutional right to bail, or only prohibits excessive bail, if it is to be granted....   [tags: Eighth Amendment Essays]

Better Essays
1153 words (3.3 pages)

The Fifth Amendment: Rights of Accused Suspects and Property Owners Essays

- “I plead the Fifth.” This well-known expression is used by an individual who refuses to answer a question that may incriminate him. This phrase references the Fifth Amendment to the Bill of Rights (Brezina 15). The Bill of Rights protects the fundamental rights of Americans, including the rights of free speech, freedom of the press and freedom of religion (Teitelbaum 8). The Fifth Amendment in the Bill of Rights guarantees the rights of a person accused of committing a crime (Teitelbaum 15)....   [tags: The Fifth Amendment]

Better Essays
2619 words (7.5 pages)

Eighth Ammendment and the Twenty-Eighth Ammendment Essay

- 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....   [tags: US Constitution, immigration, fines, bail]

Better Essays
1885 words (5.4 pages)

Essay United States Supreme Court Cases

- Historically Significant United States Supreme Court Cases There are many Supreme Court cases that have had significant impacts on our American society. They have each had a historical importance politically and constitutionally. This paper will be discussing the background, the rulings, and the significance of each case. The Supreme Court cases that will be discussed will be: Marbury v Madison, McCulloch v Maryland, Dred Scot v Sandford, Plessy v Ferguson, and Brown v Board of Education. The first case of significance was Marbury v Madison, in 1803....   [tags: Fourteenth Amendment to the US Constitution]

Better Essays
1152 words (3.3 pages)

The Eighth Amendment to the U.S. Constitution Essay

- Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Eighth Amendment, 1791 The Eighth Amendment to the U.S. Constitution limits the punishments that may be imposed by the government on American citizens. These limits are compulsory among the states by way of the Fourteenth Amendment. The English Bill of Rights of 1689 expressed concern with arbitrary and disproportionate sanctions, giving way to the Founders inclusion of the prohibition against cruel and unusual punishment....   [tags: U.S. Law]

Better Essays
1711 words (4.9 pages)

Essay Fifth Amendment and Double Jeopardy

- Fifth Amendment and Double Jeopardy Double jeopardy is the prosecution of a person for an offense for which he or she has already been prosecuted. The double jeopardy clause, which is in the Fifth Amendment of the United States Constitution, was designed to protect an individual from being subject to trials and possible convictions more then once for an alleged offense. The idea was not to give the State too much over the individual, this way no individual will be subject to embarrassment, expense, and ordeal against being tried for an alleged offense more then once....   [tags: Law Legal 5th Amendment]

Better Essays
1616 words (4.6 pages)