The Fourth Amendment Of The United States Constitution Prohibits Cruel And Unusual Punishments

The Fourth Amendment Of The United States Constitution Prohibits Cruel And Unusual Punishments

Length: 1066 words (3 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

The eighth amendment of the United States Constitution prohibits cruel and unusual punishments. New Cutting edge technology carries with it the likelihood of new treatment for criminals. A fictional example of such technology is Ludovico treatment, which alters the consciousness of a criminal and makes them non-violent. The use of the Ludovico treatment on prisoners can be considered a cruel and unusual punishment and thus violate the eighth amendment. Even though this treatment may be technically unconstitutional, it would be allowed in the United States for the betterment of society.
In the United States there are many examples of drugs that are used to help people with psychological problems. An example of this is the drug Antabuse. Antabuse is a drug given to alcoholics, which creates highly unpleasant symptoms like vomiting and nausea every time the subject consumes alcohol. Often times alcohol related criminals are given a choice between prison and using the medication (Rundio, 54). It can be argued that the offering of drugs like Antabuse to criminals are acts of coercion because the alternative choice is going to prison, and to coerce felons to take this drug would violate the eighth amendment’s ban on cruel and unusual punishment. Despite the criticism of the drug, it has not been subject to the scrutiny of the Supreme Court. The main reason coercing alcohol related criminals, has not come under federal scrutiny is likely because the use of the drug is for the betterment of society. By using the drug to make alcohol distasteful to alcoholics, there are less alcohol related crimes like drunk driving and society is made safer. The use of the fictional therapy Ludovico treatment would be very similar. Ludovico treatment for...


... middle of paper ...


...’s for the common good and allow the therapy to reform volatile criminals.
Despite the fact that Ludovico treatment may be actually unconstitutional, it would be permitted in the United States for the advancement of society. There are many drugs that also potentially violate the banning of cruel and unusual punishments like Antabuse, but their use avoids the scrutiny of the Supreme Court because of the understanding of the purpose of the drug. Ludovico therapy is a punishment meant to make dangerous criminals peaceful members of society unlike other punishments that have brutally violated inmates. Finally the term “cruel and unusual” in the Constitution is open to interpretation because it was written centuries ago. Ludovico treatment may not be cruel and unusual because it benefits society. For these reasons, the Supreme Court would not prohibit Ludovico treatment.

Need Writing Help?

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

Check your paper »

The Constitution Of The United States Essay

- Today in modern day America, we live under a code. That code is known as the Constitution Of The United States of America. It is the pillar that our founding fathers created to establish a strong central government that would forever support the formation of our country. Within the Constitution is the Bill of Rights. The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. The Constitution has been around for 226 years and has managed to run our country for that long....   [tags: United States, United States Constitution]

Better Essays
1150 words (3.3 pages)

The Rights Of The United States Constitution Essay

- The First Amendment is included in the Bill of Rights in the United States Constitution. The soul purpose of the Bill of Rights was to limit the powers of the federal government. The First Amendment is perhaps the largest and most famous of the Bill of Rights. The first amendment has many parts to it, but all parts ensure the people their right to freedom in the United States. The freedoms of religion, speech, press; right of assembly, and petition are all included and all have their own historical background that led to the adoption of each part of the First Amendment....   [tags: United States Constitution]

Better Essays
1073 words (3.1 pages)

Essay on The Constitution Of The United States

- 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....   [tags: United States Constitution, U.S. state]

Better Essays
1342 words (3.8 pages)

The United States Constitution And Human Rights Essay

- From my perspective health care is a privilege that is or would be based on human rights. However, when providing a level of services to the less fortunate then we are under performing such actions under the principles of moral obligation. When analyzing the United States Constitution, and attempting to uncover any reference to health care, or providing health care to those that reside within our national borders, there is no specific wording that stipulates that health care must be provided. My point of view is based on the following information: As highlighted by Cornell University Law School....   [tags: United States Constitution]

Better Essays
708 words (2 pages)

Essay about The Amendment Of The United States

- An amendment is a minor change in a document. To the community is the rights of each person and the limitation they have been set to follow. The amendments are so the people know what is expected from them to be done. The people are not the only ones that have limitation but the congress and government have limitation in their freedom as well. If we did not have rights everyone will be all over the place. While an amendment set limitation but see the freedom as well. It’s like a contract where equality and the peace in people are found....   [tags: United States Constitution, United States]

Better Essays
965 words (2.8 pages)

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]

Better Essays
1153 words (3.3 pages)

The Second Amendment Of The United States Essay example

- The Fourth, Fifth, Sixth, and Eighth Amendments are part of the Bill of Rights which includes the first ten Amendments to the Constitution of the United States. These rights apply to the citizens of our great country. The Fourth Amendment covers search laws and has a significant impact on law enforcement procedures. If these procedural rights are not followed, there can be devastating consequences to the outcome of a case. To summarize the Fourth Amendment, it protects people from unreasonable searches and seizures....   [tags: United States Constitution]

Better Essays
903 words (2.6 pages)

The Success Of A Constitution Essay

- The success of a constitution is dependent upon its ability to evolve’. Discuss (50 marks) - June 2010 A constitution is a body of fundamental principles according to which a state or other organization is acknowledged to be governed. The UK and U.S are polar opposites in terms of their constitutions. The UK has a uncodified constitution which means the fundamental rules are often take the form of customs, usage, precedent and a variety of statutes and legal instruments, this type of constitution is only present in 3 countries New Zealand, Israel and the UK....   [tags: United States Constitution, Constitution, Law]

Better Essays
1244 words (3.6 pages)

The Framers Of The Constitution Essay

- In wake of the new government America had to form, the framers of the constitution believed that important measures needed be taken to avoid tyranny, since that is what the long malicious Revolutionary War was fought for. To prevent the possibility of another cruel and oppressive government, the framers wrote the constitution ¬ to protect the people for tyranny in all and every level. The framers when writing the Bill of Rights amendments particularly focused on how the government will police the people....   [tags: United States Constitution]

Better Essays
1252 words (3.6 pages)

Essay on The Bill Of Rights And The Constitution

- In 1789 the United states created the Bill of Rights to the Constitution after they gained independence from the British. Then in 1791 They added the amendments to the Constitution. There are many similarities to the Bill of Rights and the amendments in the Constitution but many people have a misconception that they are the same. There are some differences between the two and let’s see what are the difference in the two. The Bill of Rights the first ten amendments to the US Constitution, ratified in 1791 and guaranteeing such rights as the freedoms of speech, assembly, and worship....   [tags: United States Constitution]

Better Essays
1026 words (2.9 pages)