Essay about The Eighth Amendment Violates Juvenile Rights

Essay about The Eighth Amendment Violates Juvenile Rights

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In order to have a good comprehension of how the eighth amendment violates juvenile rights, we must first understand what is the eighth amendment. The eighth amendment as defined by the United States Constitution is “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (Amendment VIII). Congress passed this September 25, 1789. In addition, this amendment can be divided into 3 portions: excessive bail, which is amount of money a defendant involved in a criminal case has to pay to be released from jail before their trial begins, excessive fines which is simply being given a fine for a crime, and cruel and unusual punishments, being punish for a crime that does not reflect to the crime.
As of today, the juvenile justice systems are still being refined, although it took many years to even create juvenile courts. The delinquents of America were being placed on the wrong side of the law. In other words, juveniles were being placed in institutions with adults. Many kids who had nowhere to go or had done nothing wrong were the ones being incarcerated. However on the other hand, as for the kids who were on the streets causing trouble, the nature or seriousness of their crimes did not matter, just the simple act of committing a criminal act placed them side by side with adult miscreants (Center on Juvenile and Criminal Justice, n.d.). During this period of time, it was obvious that society had no plan on how to deal with this issue and there was not any barriers separating juveniles and adults.
To point out any differences between juveniles and the adults, first, they had to be separated. In 1825, Thomas Eddy and John Grissom from New York, established the first “House of Refuge” ...


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...nile and Criminal Justice. (n.d.). Juvenile justice history. Retrieved on
April 16, 2015 from http://www.cjcj.org/education1/juvenile-justice-history.html

Doug, L. (2015, January 1). Cruel and Unusual Punishment under the Eighth Amendment.
Retrieved April 18, 2015, from
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/cruelunusual.html

Equal Justice Initiative. (2014, April 7). The superpredator myth, 20 years later.
Retrieved on April 17, 2015 from http://www.eji.org/node/893

In re Gault, 387 U.S. 1 (1967).

Juvenile Justice: What works and what doesn’t. (2011, May 23). Retrieved April
13, 2015, from http://www.preventionaction.org/what-works/juvenile-justice-what-
works-and-what-doesn-t/5569

Your teenager 's developing brain. (2014, March 12). Retrieved April 20, 2015, from
http://raisingchildren.net.au/articles/brain_development_teenagers.html








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