In the People v. Caballero case, the 8th amendment was being denied when 16 year old Graham was served with “…a minimum of 110 years before becoming parole eligible” (People v. Caballero). Terrance Graham’s VIII amendment was violated, he was given a cruel and unusual punishment of a 110 year sentence, and only after that would he be eligible for parole. Graham was a 16 year old boy who was committed for armed burglary and attempted armed robbery, and was sentenced to probation. However, his probation was revoked and was sentenced to life in prison for burglary: “…leaving Graham with no possibility of release unless he was granted executive clemency” (PJDC). The number of given years is cruel because it falls out of a human’s natural life…
As the attorney for Joseph, the inmate in Louisiana, I’m writing to defend his 8th amendment rights. Joseph has committed murder, sentencing him to death. In his situation, he was attempting to kill himself but misfired murdering his roommate in the other room. This accident should not be punished by death as it wasn’t attempting. Joseph’s sad and unusual case mustn’t go to the worst stage of punishment and we plead for a life in prison instead of a lethal injection.…
The Eighth Amendment of the Constitution requires that the government impose no punishment that is “cruel and unusual.”1 One question that rises from this amendment is whether or not a sentence is unconstitutional if it is disproportional to the crime committed. In recent past, the United States Supreme Court has struggled with this issue and with coming to a consensus on how to view proportionality in the Eighth Amendment.2…
E2- The 8th Amendment to the United States Constitution asserts that no United States citizen shall endure cruel or unusual punishment as administered by the state.…
There are a number of issues with America’s constitution which make it, arguably, unfit for the 21st century. The most apparent issue with the constitution is the overall ambiguity that it’s based upon. Take for example the eighth amendment which forbids the federal government from imposing cruel or unusual punishments on American citizens. However, what’s classed as a cruel or unusual punishment? Many have argued that capital punishment can be seen as a cruel punishment, which has led to some states, such as Illinois, abolishing the death penalty altogether. Though, despite eighteen states abolishing the death penalty so far, there has been no move to amend the constitution to include the death penalty as an example of ‘cruel punishment’.…
The fifth amendment ensures that the government cannot take property from citizens without compensation and establishes some of the conditions for a fair trial. The sixth and seventh amendments ensure that citizens receive a trial before a jury and that it is timely. The eighth amendment outlaws cruel and unusual punishment…
Imagine being hanged for a felony you committed, or having your tongue pierced with a torched spoon because you were caught for a mistake that could have easily been fixed. These are the types of things the eighth amendment protects us from. Without this amendment, people on death row could easily be brutally tortured for things they might not have even done. It might not be to the extent of being hanged for a felony, but the point needs to be made that the eighth amendment has done nothing but good.…
The “Cruel and Unusual Punishment” Clause of the Eighth Amendment came from the English Bill of Rights that were adopted in 1689. This provision was written into the English Bill of Rights after Titus Otis, who lied causing many innocent people to be executed, was punished in a cruel and unusual way at the time. George Manson first used the cruel and unusual punishment clause in 1776 when he drafted the Declaration of Rights for the Commonwealth of Virginia. In 1791, the clause was added to the Eighth Amendment to the United States Constitution. People feared that if this clause was not added that Congress would abuse its power and use cruel and unusual punishments as a tool to oppress them.…
The 8th Amendment’s roots originated in England in the late 1400s/ early 1500s. The 8th Amendment’s basis originated in the Magna Carta, “A free man shall not be [fined] for a small offense unless according to the measure of the offense, and for a great offense he shall be [fined] according to the greatness of the offense." In 1689 this principle was put into the…
The Eighth Amendment: It prohibits excessive bail and cruel and unusual punishment. In the case of Atkins v. Virginia, the facts brought to the court was that the defendant, Daryl Atkins was tried for capital murder and sentenced to death for the shooting of a victim named Eric Nesbitt. Atkins had been smoking and drinking all day before he decided to walk to a convenient store and hold Nesbitt at gun point, upon Daryl’s dissatisfaction with the money he took, he kidnaped Nesbitt, taking him to an ATM to with drawl 200 dollars, along with a friend named William Jones, in Nesbitt’s car. When Daryl was satisfied with the money taken, he further continued his violence by driving Nesbitt to an isolated area, forcing him out of the vehicle, and then shot Nesbitt eight times killing him.…
In the constitution of the United States, the very documents that our nation is built upon, it is said that, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The Eighth Amendment to the U.S. Constitution, ratified in 1791, has three provisions” (Madison, 1778). Dzhokhar Tsarnaev would in turn later be sentenced to the death penalty for his crimes. However the questions still stand, is this the appropriate ruling? Or is capital punishment in violation of The Eighth Amendment? After all the killing and pain that he caused, the death penalty is nothing but the right punishment for a man so tarnished by evil. Tsarnaev does not stand alone in his crimes. Around the world and around our country people perform acts that should not be taken lightly, and should be punished heavily. Acts of terror, gruesome murders, rape, and a long list of other atrocious crimes should all be punishable by murder. While the system is not perfect, it is fixable and it is just. Justice is blind, but punishment…
Chief Justice Warren explained, “The basic concept underlying the 8th amendment is nothing less than the dignity of man… The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society” (George,…
The 8th amendment is not as important as some of the other amendmendments, but is still very important and keeps the country under control. The 8th amendment does not allow excessive bail, excessive fines imposed, and cruel and unusual punishments inflicted. It is very important that this amendment doesn’t get taken away because it protects the country from total chaos and a potential tyranny. I wrote this speech for today to spread awareness on possibly losing this amendment. My goal is to explain why losing this amendment is dangerous and why it is important that the country keeps it. One important part of the 8th amendment is the prohibition on excessive bail.…
The death penalty is an archaic procedure which operates on a rampant racial bias. Its use is not only tremendously expensive but also ineffective in complying to its purpose : deterring crime and controlling criminal behavior. The courts have struggled to define “ cruel and unusual,” because the term is ultimately vague and the definitions applied to terms like cruel and unusual change over time. Customs also change over time as societies viewpoints and ideologies adapt to into the future. An example of changes in the definition about the 8th amendment is seen in the landmark case of Weems vs United States (1910), where Weems was imprisoned for falsifying a public and official document and as a result was sentenced to 15 years. On top of his…
This amendment was made in the 18th century, some time in 1791, to protect the privileges of the citizens over the cruel government. It was important then and still is now because it gives people the right to be tried by a jury for committed crimes, the choice to be tried twice for doing the same felony, and the opportunity to gain something from their loss of their private property due to being used for public use. For example: if part of your yard was to be demolished in order to build a new road on your street, you would have the right to receive something/compensation in return from the government because they took your private property for public use.…