If it wasn’t for the 8th amendment and prohibition on excessive bail, the government
If it wasn’t for the 8th amendment and prohibition on excessive bail, the government
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 However, his probation was revoked and was sentenced to life in prison for burglary: “…leaving Graham with no possibility of release unless he was granted executive clemency” (PJDC).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…
This article discusses the Eighth Amendment, which states that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” According to the child rape statute in Louisiana, the death penalty or life imprisonment is being administered to convicted pedophiles, as such; research on mental abnormality, and Forensic Psychology to assess the punishment. The author of this article is Brian Sellers, BA, University of North Carolina, and works in the Department of Criminal Justice. As a knowledgeable individual of the law, he explored the pros and cons whether the death penalty is appropriate for pedophiles, hence the many studies being conducted to support his point. This article will highlight…
This case deals with the eighth amendment and shows, the freedom to “ Be able to be heard before physical punishment is given.” In the end of this case the supreme court took a vote on who went with the “ Wright ” side or the “ Ingraham “ side. Ingraham lost with the vote of 5-4. The court says that “ Public school student could be paddled without being heard.’ The court says they ruled this was because “ The eighth amendment doesn’t contain the word “Criminal” so the court should not impose that limitation.…
Cruel and unsual punshiment is the eighth Amendment to the Counstitution of the United States. Anyone that has convicted of a crime have the right to be free of Curel and unsual during the time of jail or even prison. The eighth Amendment is almost the same as part of the 1689 English Bill of Rights. The amendment was written in because of a man named Titus Oastes lied and hurt many innocent people because of it. James Madison also know as “Father of the Constitution” wrote this amendment in 1789 the amendment was ratified on December 15, 1791.…
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 first 10 of 27 Amendments of the Constitution were put in place to satisfy the individuals who were afraid of an overpowering government. These Amendments explained the limitation of power that the government had. The 8th Amendment of the Constitution prohibits government from applying excessive bails, excessive fines imposed, and cruel and unusual punishments. Cruel and unusual punishment presumes to be the most controversial portion of this amendment. This portion of the amendment means “…punishment should fit the crime.…
The VIII Amendment in The US Constitution specifies that cruel or unusual punishment shall not be used for any person who has committed a crime. This provision is provided in the US Constitution to ensure that even if a person is proven guilty of having committed a crime that the punishments handed down will not be unorthodox, unusual or does not respect the dignity of life. Sharia Law uses extremely unusual measures; for instance, if a person is caught stealing, no matter their gender, shall have their hands cut off if they have done something contrary to the law (Fersch, 2007). Another surprising fact is that there have been situations in which both the victim and their assailant have received the same punishment even though it is very clear…
Let me take you back to one of the darkest days in American history. Monday April 5th, 2013 in Boston Massachusetts two men by the names of Tamerlan Tsarnaev and Dzhokhar Anzorovich Tsarnaev partook in an act of terror on US soil. Two trash can bombs were planted nearby the finish line of the annual Boston Marathon, and the damage these bombs did will forever live in infamy. After the attack, a man hunt through the streets of Boston took place tracking down the men who had commit a mass crime and an act of pure evil. The first of the two brothers, Tamerlan Tsarnaev, was shot when he was found; however, the second brother was later captured and taken into custody. Now here lies the question, what punishment is appropriate for someone who committed an act of terror, killing three and injuring over 200…
If I had to choose to give up one of my rights under the Bill of Rights, I would choose to abolish the Eight Amendment. This amendment defines the right to a reasonably priced bail and/or fine, and no cruel nor immense punishment be given. With this being said, I do not believe that someone being charged with littering, jaywalking, or any other minor crime where no harm or injury was inflicted, should be charged with an elongated prison sentence or immense fee. I merely believe that allowing someone with a very serious crime charge should not be able to simply pay a fee and be allowed back into the community temporarily until their trial. By doing this, we could reduce crime rate on the streets generated by people being released before their…
The Bill of rights, the constitution and the amendments of the constitution are the national foundation of freedom. The 14th amendment has become one of the most important parts of the constitution. The 14th amendment is divided into four sections. The 14th Amendment was designed in 1868 to stamp out lawless tyranny. Section one is to make former slaves citizens. The 14th amendment states, “All persons born or naturalized in the United States are citizens of the United States and of the state wherein they reside. Nor shall any state deprive any person of liberty or property without due process of law”. However, since the 14th…
I enjoy reading your post. I would say that one of the reasons the 4th Amendment is so important is that it is reflective of the Colonists' own experiences. The Colonists were outraged on many levels that British soldiers could enter their homes, seize their belongings, or search their property without any probable cause or authentic paperwork. The fact that warrant-less and groundless searches became so prevalent is one reason why the 4th Amendment strictly states that justification and authentication must accompany all searches and investigation of property and belongings. Another I would say that the 4th Amendment is important is that it represents a fundamental right of a person accused of wrongdoing in a legal sense. The 4th Amendment…
r my final paper I plan on narrowing in on how the according to the eight amendment the United States is treating the prisoners with mental illness unconditionally, by using cruel and unusual punishment. All of my research I have found supports this claim. I had wanted to focus on reform and policy as well as a main point of my paper, however, while I will touch on that in part of my research it is not going to be a focus of what I am speaking about.…
The 8th amendment “excessive bail shall not be required”. Being put in jail is a punishment for what that person did and they deserved. No one should feel sorry for that person, so they shouldn’t be getting bail and be let out loose. Say there was a guy and he killed one of his friends…
Bail is the temporary release of a defendant after a police interview where an important decision takes place on whether the defendant should stay in custody or whether bail should be granted. This essay will discuss how the law on bail balances the rights of the suspects against the need to protect society.…