Essay The 8th Amendment

You don't have to worry about a criminal committing the same crime twice, why? Because they won't be alive to even think about it!. The Eighth Amendment to the United States Constitution states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”, in other words, it protects American citizens from excessive or unnecessary punishments, fines, and bails. However, the death penalty is still an exception to “cruel and unusual punishments” when the punishment does not violate the standards of the Eighth Amendment. Based on the creation of death penalty in the eighth amendment, the constitution can be claimed as an inconsistently valuable but viable document in modern America. The death penalty also known as capital punishment is one that brings a lot of controversies but at the same time has been practiced throughout history in different forms and styles.

The Eighth Amendment of the United States Constitution protects us to not be putted into cruel and unusual punishments, but when it comes to the death penalty, things become more complicated. In my personal opinion, I believe the absolute interpretation of the 8th Amendment and that the death penalty undoubtedly violates the 8th Amendment. Looking at the case of “Furman v. Georgia (1972)”, the Court invalidated death penalty laws in the end because the justices considered the punishment of the death penalty was too cruel and unusual to the Furman’ sin, accidentally killing people, and disproportionately using the death penalty would result in more serious problems to the poor and minorities. This decision fully reflected the reliability of

There are five ways to execute a person. The five are: lethal gas, lethal injection, electrocution, hanging, and firing squad. The most commonly used are lethal injection and electrocution. Lethal injection is when the people inject a shot into both of your arms. It takes about three minutes until the acid kills you. Firing squad is when a group of people has guns and the shoot at the murderers

Capital Punishment is Not Only Unusual, But Cruel      The most widely known aspect of the eighth amendment is the fact that it prohibits cruel and unusual punishment. Cruel and unusual punishment is perceived as punishment that causes “an unnecessary and wanton infliction of pain” (Bailey). Is capital punishment cruel and unusual? It is one of the most controversial topics in America today. In effect since the 1600s, the US Supreme Court ruled that the death penalty was “cruel and unusual” in 1972 but reversed this decision when a "cleaner" way to bring about death was found in 1976 (Encarta).

That question is a debate that has been occuring for years. The supreme court has previously ruled that the dealth penalty is not cruel and unusual punishment there for it is not violating the eighth amendment in any way. Despite how the supreme court has ruled the death penalty, there is still many arguments till this day on whether or not it should fall under cruel and unusual punishment. In 1972, the case Furman V. Georgia was brought in front of the supreme court to rule whether or not they believed the dealth penality was cruel and unusual. This case almost ruled out the death penalty, but that didn't last very long. In 1976, the case Gregg V. Georgia came in front of the Supreme Court and the earlier decision was changed because a majority vote believed that the dealth penalty was not cruel and unusual. Eventually four principals were established to decided whether or not punishment was cruel and unusual. The four questions were, is it degrading to human dignity? Is it arbitary? Is it rejected throughout society? Is it unnecessary? Which many states ended up believing that the death penalty were along the lines of those four principals. Clayton Lockett might be a tragic example of the death penalty going bad. He was getting injected, but the injection didn't kill him up until an hour after it was injected. He had to sit there and suffer and many would of

The famous Founding Fathers of the United States created critical documents to protect the citizens of the country they were establishing. These documents included the Declaration of Independence and Bill of Rights. The latter, the Bill of Rights, ensures certain rights to all citizens, and the Eighth Amendment in particular, protects citizens against cruel or unusual punishments for breaking the law. When analyzing the protection under the Eighth Amendment one must also look at all the aspects of the law including: the history of the law, the modern uses and abuses of the law, and the law’s current effectiveness.

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. The Supreme Court has never directly addressed this interpretation problem, because federal

Execution by firing squad has a long history in America. The first recorded execution by firing squad was in 1608, when George Kendall, one of the original councilors in the colony of Virginia was put to death. People opposed to the death penalty say that being shot to death if a form of cruel and unusual punishment. There have been cases where the marksmen have missed the shot and it has taken a man over an hour to die from his wounds. Another problem with this form of execution is that some members of the firing squad have been known to aim away from the man 's heart, shooting him where it would take longer to die. (116)

The eighth amendment helps letting americans not have to go through unusual and cruel punishments. “It is not just criminal sentences themselves that are subject to the cruel and unusual test; the Eighth Amendment’s cruel and unusual provision has been used to challenge prison conditions such as extremely unsanitary cells, overcrowding, insufficient medical care and deliberate failure by officials to protect inmates from one another,” (“Eighth Amendment,” Annenberg Classroom). This site explains and breaks down the eighth amendment. It becomes apparent that this amendment helps protect the people from usual and cruel punishments. There are specific examples to a cruel and unusual punishments. “Cruel and unusual punishment includes torture, deliberately degrading punishment, or punishment that is too severe for the crime committed,” (Dictionary.com). This is a basic understanding for how we can make sure to stay away from these types of punishments. One of the biggest oppositions or conflicts with the eighth amendment there is is the death penalty. The question that comes from it is whether or not the death penalty can be considered a cruel and unusual punishment. “Eighth

The prohibition against cruel and unusual punishment largely concerns itself with disproportionate and arbitrary punishments imposed by the government. “The Court has repeatedly emphasized the Eighth Amendment’s expansive and vital character and its capacity for evolutionary growth.” (Kanovitz, 2010) Cruelty is interpreted as actions that oppose current standards of decency. As public opinion grows and changes these standards are apt to change. The vague wording of the Eighth Amendment allows room for the opinion of what punishments are acceptable to adapt to modern times.

The U.S. Constitutional Rights are laws that guarantee the basic rights for the citizens.There are twenty-seven Constitutional Amendments in total, but 10 of them represent The Bill of Rights. The Bill of Rights ensures the basic individual protections such as freedom of speech and religion. The Bill of Rights became part of the Constitution in December 15, 1791 by George Mason.

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.

The Eighth Amendment states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (The Eighth Amendment 231).When the Eighth amendment was written, there was an obvious concern for the mistreatment of criminals by the judicial system. The problem that arose was not the inability of the Supreme Court to understand the meaning between the words, but the inability to agree with what constitutes “Cruel and Unusual”. What one Justice considered not enough, another might feel that the punishment was too severe. McWilliams writes, “Even Justice Black, advocate for the proposition “that there are ‘absolutes’ in our Bill of Rights, and that they were put there on purpose by men who knew what

Death by firing squad is still a method used in Utah, but must be at the prisoner’s request. There have only been two executions performed this way over the past 37 years (“Descriptions”; Kellaway 146). The convicted inmate is strapped to a chair with a hood over their head and a target pinned to their chest. The marksmen aim for the target from several feet away and death is caused by blood loss and can be a slow process (“Descriptions”). This method of execution has been found to be inefficient due to the fact that there is no certainty of instant death (Kellaway 147).

The Death Penalty has been used in the United States since the very foundation of our nation; the first recorded case was the execution of Captain George Kendall in 1608 in the Jamestown colony as it was believed Kendall was a spy (DPIC). Americans have seen executions throughout history and are somewhat exposed to the idea but the 21st century is a very different place than the 17th century. This century is a time of equality and rights for people of all