The Constitution of the United States is a written document that lays out the structure of the American government. It clearly and definitely grants certain powers to each of the three branches of the federal government, while reserving other powers to the people who represent each of the 50 states or the people as individuals. The Eighth Amendment was added into the constitution, in 1791, as a part of the Bill of Rights and it was introduced by James Madison. Some punishments are completely forbidden under the Eighth Amendment, such as taking away someone who is already a citizen of the United States citizenship, or painful or exhausting labor. Because of the Eighth Amendment being added to the U.S. Constitution, there are very specific laws …show more content…
McMillian, an inmate’s rights were violated by some guards. This case dealt with the concept of cruel and unusual punishment under the Eighth Amendment of the U.S. Constitution. In this case an inmate at Louisiana prison was badly beaten by two of the prison guards, all while the guards prison supervisor watched. Hudson to the guards to court and sued them in, “Federal District Court under 42 U.S.C. 1983, which allows individuals to bring suit for the "deprivation of any rights, privileges, or immunities secured by the Constitution” (Hudson v. McMillian). During the court case, Hudson, stated that the guards violated his Eighth Amendment right, which states that he had a right to be free of cruel and unusual punishment. In the final court ruling, decided on February 25, 1992, it states that, “the guards had used force when there was no need to do so, violating the Eighth Amendment, and that Hudson was therefore entitled to damages” (Hudson v. McMillian). The court ruling was based on the extent of Hudson’s injuries and by the using excessive force on …show more content…
The case for Waters-Pierce Oil Company began in 1897 when Attorney General Martin M. Crane filed a suit claiming that the Company was part of the trust agreement in Standard Oil in New Jersey. Charged with antitrust violation, the company must pay at least $5,000 per day for 300 days. The company made an appeal stating that the amount violated the Eighth Amendment specifically the Excessive Fine Clause. It was stated that, “the court decided against the company because Waters-Pierce was a party to a trust agreement and not because it was a trust operating in Texas” (Waters-Pierce Case). The Waters-Pierce Case and Bailey controversy showed that for many Texas progressives the need for stronger regulation in the state and prepared the way for the good changes to
Fifth Edition Vol 2, New York: Longman, 1999. Hidey, Ralph W. and Muriel E. "History of Standard Oil Company (New Jersey), Vol. 1" Pioneering in Big Business" " Taking Sides Clashing Views on Controversial Issues in American History" eds.
After the American Revolution, America had earned it’s freedom from Britain. In order to govern this new country the Articles of Confederation was created. This document was flawed by the colonists fear of putting too much power into a central government. Knowing the document needed to be fixed a constitutional convention was called. The document created at this convention has been our constitution ever since. But even the Constitution was meet with criticism. One major concern when writing the constitution was how to protect the citizens rights. The Constitution did this through the preamble, the legislative process, the limit of presidential terms, the judicial branch, and the bill of rights.
The Supreme Court has found many acts of punishment unconstitutional, such as torture, and inhumane executions. Ludovico treatment does not harm a person, instead what it does is reform that person so they can conform to societal behavioral standards. An example of a Supreme Court case that dealt with the Eighth Amendment was Hudson vs McMillan in 1992. In this case the Court considered whether the beating of inmates violated the inmate’s Eight Amendment rights. In a 7 to 2 vote the Supreme Court found that prison guards exerting excessive force maliciously to induce harm on inmates violated his eighth amendment rights even if there were no permanent injuries of hospitalization ( Taxin, 1052). In this case the Supreme Court ruled that beating prisoners was unconstitutional because it was viewed as cruel and sadistic. Ludovico treatment does not seek to harm criminals, instead it seeks to reform criminals so they won’t be a danger to society. For this reason the Supreme Court would not rule Ludovico unconstitutional. Another example of a Supreme Court case dealing with the eighth amendment was the Supreme Court case Roper v Simmons in 2005 ( DeNunzio, 369). In this case, the Court considered whether it was merciless and bizarre to execute a convicted felon for a criminal offense committed as a minor. The Supreme Court ruled against the execution in 5-4 decision. They rationalized that it was wrong to execute someone for a crime they committed when they were minor because the mind of a minor had not yet completely and fully developed. This is another case in which the Supreme Court found that the penalization of someone was inhumane and unjust. Ludovico treatment wouldn’t come under such scrutiny, as long as the treatment is prescribed as a treatment to people that are
The Eighth Amendment applies to me because I am constitutionally protecting myself from “excessive bail shall not be required, nor excessive fines imposed.” The Eighth Amendment also constitutionally protects my right to evade cruel and unusual punishment if inflicted. The right to pay fair bail, fines, and to evade cruel and unusual punishment also applys to my whole family, my friends, and whoever else is in the United States. The Eighth Amendment has the potential to impact my life by protecting my rights and protecting my person from excessive bail or fines imposed and cruel and unusual punishment if I am ever involved in a crime. Overall, the Eighth Amendment is one of the greatest protectors I have from inflicted or imposed cruelty from the
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
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.
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....
In 1787, the Constitution, created by a group of men known as the “Framers”, is the highest law in the United States. At first, the Constitution was not ratify because it did not have a bill of rights which is a list of rights that belong to the people. Therefore to allow changes to the Constitution, the Framers created the amendment process. In 1791, congress proposed twelve changes to the Constitution. Ten of the twelve changes were agreed to by the states and were called “The Bill of Rights.” Some of these rights include the right of free speech, the right to practice your own religion and the right to be silent if you are arrested.
The extents of the Fourteenth Amendment to the Constitution has been long discussed since its adoption in mid-late 1800s. Deciding cases like Brown v. Board of Education and Roe v. Wade has been possible due to mentioned amendment. These past cases not only show the progression of American society, but also highlights the degree of versatility that is contained within the amendment. Now, in 2015, the concerns are not of racial segregation or abortion, the extent of the amendment was brought to a new field: same-sex marriage. In Obergefell v Hodges, we can see the epitome of the Equal Protection Clause.
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 Constitution is responsible for establishing and distinguishing the powers of the presidency, Congress, and the court system. It says that each state must acknowledge the laws of other states and that the Constitution is the supreme law of the land. The Constitution is made of seven articles and twenty-seven amendments
Arnold & Porter chose to sue Pittston rather than the Buffalo Mining Company because the value of the corporation allowed for adequate compensation to the victims. Author and head lawyer for the plaintiffs, Gerald M. Stern, writes that the original goal was sue to sue for $21 million for the disaster to have a material effect on the cooperation (51). To avoid responsibility Pittston attempted to prove that the Buffalo Mining Company was an independent corporation with its own board of directors. The lawyers for the plaintiffs disproved this claim by arguing the Buffalo Mining Company never held formal meetings of the board of directors and was not independent of the parent company. During this case Pittston’s Oil division had applied to build an oil refinery in Maine. The ...
The eighth amendment dates back to the English bill of rights from 1689. It was eventually used in Virginia's Declaration of Independence in 1776. However, years passed by until it was taken before congress. It was ratified on December 15, 1791. This amendment was created simply to protect the rights of those who have done wrong. The eighth amendment protects Americans from three important things: excessive bail and fines, and cruel and unusual punishments.
The Eighth Amendment to the Constitution of the United States asserts,” Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted,” (source Cornell). This amendment is being violated in the military today. These victims are being punished for being victims. Many victims are forced to leave the military after their attacks and do not receive proper medical attention. Victims are being cruelly treated for crimes committed against them.
The 1st Amendment application is extremely important in these situations in that it allows the government to stop and halt speech that could be extremely detrimental to the security of the United States or its people, which, in today’s world, could prove vital very soon.