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. The Supreme
Court has never directly addressed this interpretation
problem, because federal law has always guaranteed that
privilege in all non-capital cases (Compton’s).
Bail furthers the presumption of innocence until
guilt is absolutely proven, beyond the shadow of a
doubt. If it weren’t for bail, the accused suspect
would virtually be serving a sentence for a crime he or
she has not been convicted of committing. Excessive
bail has the same effect. The idea behind bail is to
make sure the accused is present during the trial. If
one’s bail is , in fact, excessive, the amount is set
higher than is reasonable. Logically, bail is usually
not set for an amount greater than the maximum monetary
sentence for the crime with which the defendant is being
The most widely known aspect of the eighth
amendment is the fact that it prohibits cruel and
unusual punishment. The stand for “cruel and unusual”
fluctuates, because it all is dependent upon social
issues, standards, and personal beliefs. However, there
are many generalizations that remain very clear, no
matter what the situation. Cruel and unusual punishment
is perceived as punishment that causes “an unnecessary
and wanton infliction of pain”. Punishments that have
been declared entirely unconstitutional without question
by the US Supreme Court include torture and loss of
citizenship. (Garraty 155) This interpretation is
demonstrated by the Supreme Court’s rulings in the case
of Gregg vs. Georgia, in 1976. In this case the court
upheld the constitutionality of the death penalt...
... middle of paper ...
...ations when deciding upon the constitutionality
of all questionable penalties (83).
The Eighth Amendment (as it has been interpreted
by the US Supreme Court) protects Americans from cruel
and unusual punishment, excessive bails and fines, and
unnecessary physical chastisement in schools. However,
whether a sentence is cruel and unusual or a fine is
excessive continually remains to be determined by the
Bernstein, Richard, and Jerome Agel. Amending America.
New York: Random House, Inc, 1993.
Compton’s Interactive Encyclopedia. New York: Compton’s
NewMedia, Inc., 1995.
Draper, Thomas. Human Rights. New York: The H. W.
Wilson Company, 1982.
Garraty, John A. Quarrels That Have Shaped the
Constitution. New York: Harper & Row, 1987.
Sundquist, James L. Constitutional Reform and Effective
Government. Washington, DC: The Brookings
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- 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]
1361 words (3.9 pages)
- 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]
1711 words (4.9 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.... [tags: law, constitution, death penalty]
1398 words (4 pages)
- 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]
1090 words (3.1 pages)
- 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]
887 words (2.5 pages)
- 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]
1742 words (5 pages)
- 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]
1163 words (3.3 pages)
- 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]
597 words (1.7 pages)
- 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.... [tags: US Constitution, immigration, fines, bail]
1885 words (5.4 pages)
- The Fourteenth Amendment and Equality Under the Law The Fourteenth Amendment was adopted in 1868 as one of the longest amendments to the Constitution with five parts in total. The most significant part is section one. In the very first sentence of section one, . All persons born or naturalized in the United States and subject to the jurisdiction thereof, as citizens of the United States and of the state where in they reside. citizenship was universalized. The Amendment was designed to prohibit state governments from curtailing the rights of former slaves after the Civil War, however it has been used to grant all of the personal liberties and rights conveyed in the Bill of Rights.... [tags: Papers 14th Amendment History Essays ]
776 words (2.2 pages)