The Eighth Amendment and Death Penalty

1398 Words6 Pages
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. The excessive bail phrase limits legal judgment in setting bail for the discharge of persons indicted of an illegal action during the time following their capture but prior to their trial. Mount, Steve, "The Bill of Rights (Amendments 1 through 10)." U.S. Constitution Online. N.p., 3 Dec. 2001. Web. 28 Jan. 2010. . The Eighth Amendment was adopted as part of the Bill of Rights in 1791, which is approximately equal to a stipulation in the English Bill of Rights of 1689; therefore, Parliament affirmed that “excessive bail should not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The first established death penalty rules date as far back as the Eighteenth Century B.C. in the Code of King Hammaurabi of Babylon. Death punishments were done by such means as crucifixion, drowning, beating to death, burning alive, and impalement. Britain laws manipulated American society in the case of the death penalty more than other countries. The first execution in the new colonies that migrated to America was execution of Captain George Kendall in the Jamestown colony of Virginia in 1608. Laws on the subject of the death penalty were different fr... ... middle of paper ... ...tp://deathpenaltycurriculum.org/student/c/about/history/history-1.htm>. "Is the death penalty Constitutional?" This Nation.com. American Government and Politics Online, 27 Jan. 2010. Web. 28 Jan. 2010. . Mount, Steve, "The Bill of Rights (Amendments 1 through 10)." U.S. Constitution Online. N.p., 3 Dec. 2001. Web. 28 Jan. 2010. . Mount, Steve. "Ratification of Constitutional Amendments." U.S. Constitution Online. N.p., 1995-2010. Web. 28 Jan. 2010. . "Society's Final Solution: A History and Discussion of the Death Penalty," L. Randa, editor, University Press of America, 1997. "U.S. Constitution: Eighth Amendment." 2001. FindLaw. 27 Feb 2004. http://caselaw.lp.findlaw.com/data/constitution/amendment08/03.html#1
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