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Importance of the eighth amendment
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My topic is about cruel and unusual punishment. I picked this topic because I wanted to learn about cruel and unusual punishment and why people do it. The eighth amendment was started 1791 which is cruel and unusual punishment. The term cruel unusual punishment means people that committed a crime have the right to be free of cruel and unusual punishment while in prison. It means if a prison did something bad the constitution still acts to guarantee his or her personal safety and not to be tortured.
Some examples of cruel and unusual punishment are extremely long prison sentences for miner sentences, branding, whipping, and public humiliation. Cruel and unusual punishment includes torture or degradation or punishment too severe for the crime committed. I don’t like cruel and unusual punishment like bullying, and internet bullying because people can kill themselves on being called names and the person that did it don’t even care if they killed themselves. People talk about other people because sometimes their either jealous of them, they got something they don’t, or its something in the bullies life that isn’t going well for them.
Cruel and unusual punishment can happen to any one for example animals like on some commercials about dogs being hurt, or mistreated, or not fed then they are laying dead. If people don’t want to take care of the responsibility then give the dog away no torture it to death.
The prohibition of cruel and unusual punishments is one of the most important constitutional limitations upon the penal process...
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...ro finally gets caught he is sentenced for life and he killed his self in prison by hanging himself and the girls got justice.my thing is with cruel and unusual punishment is that if you cant do the time don’t do the crime and this is 100 percent to me.
The reason for me doing cruel and unusual punishment what to tell about why people do it and and is it bad to do it because that person could have been really famous in life and they die or hurt themselves because of what somebody else did to them. This project was interesting to see the things people do in life to one another and its just sad that our society is like this. I will never do cruel things to anyone or punish someone for doing something to me ill either ignore them or just try to forgive them for what they done. You will never know if someone has an anger problem or anything going on in their life.
In the United States, a citizen has rights granted to them under documents such as the Constitution, including the Bill of Rights, which gives citizens certain freedoms as long as they obey the law. When someone commits a crime, they are then entitled to aspects such as a speedy trial, a fair jury, an attorney if they wish, and other things, under the sixth amendment. Even if the person is found guilty, as a U.S. citizen they have rights under the eighth amendment which include protection against excessive bail or fines, and cruel and unusual punishment. Since the framers enacted the amendment, the exact definition of cruel and unusual punishment has been difficult to pin down, changing with the times and everyone’s interpretations. Pete Earley’s novel, The Hot House: Life Inside Leavenworth Prison, depicts the conditions in the United States’ toughest prison, where some prisoner recounts, as well as Earley’s
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.
Weems v. United States (1910) set a judicial precedent for showing that punishment must be proportionate to the crime committed and allowed courts to decide what is “cruel and unusual”. Lower courts allowed the VIS and that use sometimes came under question. Thus the case was sent to the U.S. Supreme Court to review. In Booth v. Maryland (1987) and Gathers v. South Carolina (1989) the U.S. Supreme Court ruled that VIS could potentially lead to harsher sentences and yet upon further review reconsider their stance on VIS and overturn their decisions and concluded that the Eight Amendment was not violated by victim Impact statements on the ground that such statements did not lead to cruel and unusual punish...
In 1972, the Furman v. Georgia case temporarily caused capital punishment in the United States to cease until distinct guidelines about the crimes that required the death penalty were written. Until states revised their laws, capital punishment was ruled cruel and unusual punishment. Before Furman, there were no clearly defined laws about what constituted capital punishment, so the process to sentence a capital criminal was much faster and easier. By adding an appeal system, most states permitted capital punishment once again, but the prisoner’s time spent on death row drastically increased. Adding an appeal system did not make killing a human being any less cruel and unusual; in fact, ordering a person to live in fear, uncertainty, and agony for an even longer period of time is crueler than quickly ending the
... 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 “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 to agree on a cruel or unusual punishment.”. Works Cited Legal Dictionary. Farlax.
The United States Supreme Court ruled that the execution of those who suffer from mental retardation is cruel and unusual punishment and voted in a 6-3 ruling to use alternate means of punishment for these individuals (APA, 2013).
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....
The “cruel and unusual” clause in the eighth amendment states that “cruel and unusual punishment” such as torture or lingering death can not be inflicted on anyone as a form of execution. It is however permissible under the 8th Amendment to execute a convict by means of hanging, shooting, electrocution, and lethal gas.
What do you consider to be cruel and unusual punishment? Most people when asked this question think of medieval torture devices, burning people alive, and hard slave labor. However, cruel and unusual punishment, which is a protected against right by the eighth amendment, stretches far beyond these cliches and is still occurring in modern society. The case Miller v. Alabama and a parallel case, Jackson v. Hobbs deals with such punishments and brings up the questions of what, in current times, is to be considered cruel and unusual punishment. Miller v. Alabama addresses with the debate that arose surrounding the mandatory sentence of life without parole for a juvenile when two boys, fourteen-year-old Evan Miller and sixteen-year-old Colby Smith,
Despite the fact that the United States Supreme Court has not yet dubbed the death penalty unconstitutional, it violates the Constitutional ban against cruel and unusual punishment, including torture. The botched execution of Clayton Lockett in Oklahoma is a good example of how the death penalty is considered a form of cruel and unusual punishment. When Lockett was injected with an untested mixture of drugs that were previously not used for lethal injections, he was declared unconscious ten minutes into the execution. He was reported to have writhed, groaned, and spoken a few words and also attempted to rise from the table 14 minutes after being injected. Even though the execution was halted 33 minutes into the execution, Lockett died of a heart attack 43 minutes after being sedated. An execution that uses the lethal injection usually takes about 5 to 18 minutes to kill the victim. The fact that it took that long for Lockett to die and seemed to cause him immense pain concludes that he was tortured to death, which is unconstitutional.
...l punishment as a just and morally sound method of justice. After all, "An eye for an eye" seemed to be a rationale that many embraced as fair. Now there is an era of closer examination of what is truly just and morally ethical, as well as economically sound. A consequence needs to be fair, humane, and effective. Does capital punishment meet these criteria? There are compelling reasons to change the system we have blindly acclaimed. Hopefully we are in the process of implementing a new way of dealing with an age-old dilemma.
The eighth amendment of the U.S Constitution has been a key part to the justice system from the moment it was created. It provides the basic rights that everyone deserves. The eighth amendment is very important because it guarantees many “freedom from” rights. For example, it protects Americans from cruel and unusual punishments. Without the eighth amendment many people would be punished in an inhumane manner based on the morals of the judge. The eighth amendment is crucial to the U.S Constitution because it promises that all citizens are guaranteed their rights, including the citizens who are felons and display criminal acts.
For example, there is a electrocution within an electric chair, gas chambers, hanging, and a firing squad. Each form of punishment is extremely painful and slow to cause death. "A penalty must be proportional to the crime, in order not to violate the Eighth Amendment’s prohibition against cruel and unusual punishment."("Capital Punishment"). Many people see these actions for the death penalty as unconstitutional, but then you have those who oppose and think that those people that commit those crimes deserve what happens to them. They feel as if putting a person in jail is not a proportionate to the crime that they have committed. For these reasons, the states have changed to try and use less painful forms of executions. Eventually, these problems would lead to cases that would have to be addressed by the supreme court. One prime example of a supreme case is the “Lockett V. Ohio” court case. Sandra Lockett, who had encouraged and driven the getaway car for a robbery that resulted in the murder of a pawnshop owner, was found guilty and sentenced to death. "The death penalty was mandatory unless: 1) the victim had induced the offense, 2) the offense was committed under duress or coercion, or 3) the offense was a product of mental deficiencies."("Lockett v. Ohio." ). Although Sandra was sentenced to death, The case was later overturned. However now in recent times, the states have resorted to using less painful methods of
During those years, the Supreme Court ruled that capital punishment violated the Eight Amendment’s ban on cruel and unusual punishment. However, this ended in 1976, when the Supreme Court reversed the ruling. They stated that the punishment of sentencing one to death does not perpetually infringe the Constitution. Richard Nixon said, “Contrary to the views of some social theorists, I am convinced that the death penalty can be an effective deterrent against specific crimes. ”1 Whether the case be morally, monetarily, or just pure disagreement, citizens have argued the benefits of capital punishment.
Therefore, in my speech, I will provide you with information that illustrates the benefits of the death penalty and why it should be used in some cases.