Eighth Ammendment and the Twenty-Eighth Ammendment Essay

Eighth Ammendment and the Twenty-Eighth Ammendment Essay

Length: 1885 words (5.4 double-spaced pages)

Rating: Term Papers

Open Document

Essay Preview

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...

... middle of paper ...

...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


Need Writing Help?

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

Check your paper »

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]

Term Papers
1153 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]

Term Papers
1711 words (4.9 pages)

Essay on The Eighth Amendment And The Fifth Amendment

- 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....   [tags: Prison, Capital punishment]

Term Papers
1361 words (3.9 pages)

The Eighth Amendment and Death Penalty Essays

- The Eight Amendment to the U.S. Constitution “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted”, proposed on 9/25/1789 and approved on 12/15/1791. The cruel and unusual punishment confines the harshness of penalties that state and federal governments may inflict upon ones who have been condemned of a criminal offense. The excessive fines phrase restricts the amount that state and federal governments may possibly fine an individual for a specific offense....   [tags: law, constitution, death penalty]

Term Papers
1398 words (4 pages)

Essay The Violation Of The Eighth Amendment

- I strongly believe that sending teens to jail is a violation of the eighth amendment. The amendment "prohibits the federal government from imposing cruel and unusual punishments". Many do and will argue that sending a juvenile to an adult court isn 't unfair or unusual because they were able to commit the crime without the regards to the harm it may bring. How can a teen even be considered an adult when they do not even have the same rights as an adult. Hypothetically thinking, place yourself into a situation where you are a minor and may have been accused and sentenced to an adult court....   [tags: Prison, Crime, Youth detention center]

Term Papers
1090 words (3.1 pages)

Revision of the Eighth Amendment Essay

- The Bill of Rights is a very important document to American citizens. The Bill of Rights is the beginning part of the American Constitution which is made of the first ten amendments which state our basic rights as United States’ citizens. It ensures us of our freedoms that cannot be taken away from us. However, I do believe that there is a certain amendment out of the ten that should be revised; this would be the Eighth Amendment. The Eighth Amendment reads “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” (Legal Dictionary)....   [tags: Crimes, Bill of Rights]

Term Papers
887 words (2.5 pages)

Death Penalty And The Eighth Amendment Essay example

- Death Penalty and The Eighth Amendment The expression “an eye for an eye, a tooth for a tooth” has taken on a whole new meaning. Lately, murderers have been getting a punishment equal to their crime, death. In 1967, executions in the United States were temporarily suspended to give the federal appellate courts time to decide whether or not the death penalty was unconstitutional. Then, in 1972, the United States Supreme Court ruled in the case of “Furman versus Georgia” that the death penalty violated the Eight Amendments....   [tags: essays research papers]

Free Essays
1163 words (3.3 pages)

Essay about The Eighth Amendment Violates Juvenile Rights

- 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 pun...   [tags: Crime]

Term Papers
1742 words (5 pages)

Capital Punishment Essay: The Death Penalty and the Eighth Amendment

- The Death Penalty and the Eighth Amendment      Is the death penalty consistent with the Eighth Amendment's prohibition against the imposition of cruel and unusual punishments. This essay will address this question and present a short history of the death penalty in America.   The Supreme Court considered particular applications of the death penalty in the 1940s and 1950s. In each case it upheld the state's action without addressing the larger issue of the death penalty's constitutionality....   [tags: Argumentative Persuasive Topics]

Free Essays
597 words (1.7 pages)

Essay on Twenty Years at Hull-House

- Twenty Years at Hull-House Two Works Cited Victoria Bissell Brown's introduction to Twenty Years at Hull-House explains the life of Jane Addams and her commitment to insight social change to problems that existed during the turn of the 20th century. As a reaction to the hardships of a changing industrial society, Addams decided to establish a settlement house in the West side of Chicago to help individuals who had suffered from the cruelties of industrialization. Rejecting the philosophies that stemmed from the Gilded Age, such as social Darwinism and the belief that human affairs were determined by natural law, Addams was a progressive who wanted government to be more responsive...   [tags: Twenty Years at Hull-House]

Term Papers
877 words (2.5 pages)