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 Carr brothers should have been sentenced separately and given two different hearings. The Eighth Amendment may be unclear whether defendants must be given an individualized trial or not but the court’s Eighth Amendment cases have often insisted that defendants must be given “individualized sentencing” in order for the jury to find “an individualized determination” and decide whether the death penalty is appropriate. The issue is that the court has never insisted for defendants to be sentenced by themselves, at their own hearing, without any co-defendants present.…
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…
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…
‘Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.’…
The famous Founding Fathers of the United States created a few documents to protect the citizens of this fair country. These documents included the Declaration of Independence, and Bill of Rights. The latter, the Bill of Rights, is one that protects the citizens rights against infractions; one amendment that I feel is very important is the Eighth Amendment. That amendment protects the citizens against cruel or unusual punishments for breaking the law. When analyzing the different rights that the Eighth Amendment protects 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 laws current effectiveness.…
The nineteenth amendment the nineteenth amendment is the amendment that gave women the right to vote 'Susan B. Anthony was introduced to in 1878 when were Women treated as second class . Men had the right to vote - women did not. to the Women's Suffrage Movement. In 1848 Lucretia Mott (1793-1880) and Elizabeth Cady Stanton (1815-1902) raised awareness of the women's cause and organized a national convention to demand the right to vote. This convention was largely responsible for the women's rights movement.…
Should the Constitution be amended to limit representatives, senators, and members of the judiciary to 12 years of total service?…
The U.S. Constitution The Constitution is made up of articles that helped form the government that has established the great country it is today. The United States wasn’t always its own country; it used to be ruled by the British Empire. The British Empire was a monarchy, which at the time, was the most authoritative nation in the world. However the U.S. didn’t take a liking to how the British ruled them.…
Why is the IV Amendment Important? When crossing the Arizona California state border, there might be a policeman searching your car for illegal substances. This is illegal, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ”(Bill of Rights).…
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…
In 1919-1920, Congress passed the 19th amendment that granted women the right to vote. I believe this was always the first stepping stone in changing women rights, and gender roles. This was a great achievement for women. Women always had a voice (a term they use now, is say), but they never had a vote. With this amendment, it got women better involved in politics and the government. Now, women can vote on items, that men had bring up. Also, to bring up this point, and why I think it was the most important impact on women awareness rights, is this. Black men got to vote before women did. Just think about that, in the world we lived in. In 1870, ratification of the 15th Amendment was passed, given all men, Black, White, Asian, and Spanish…
The fourteenth amendment covers equal protection as well as due process. One of the most influential amendments that is still playing a huge role even today in the court system is the equal protection clause. This clause which states in section 1 “No State shall… deny to any person within its jurisdiction the equal protection of the laws.” In section 5, the Amendment establishes the federal civil rights legislation: “The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”…
As the Eighth Amendment protects against the issuance of an excessive bail, there is no “absolute” guarantee of a pretrial release although as the justice system asserts that a suspect is innocent until proven guilty. That said, it is stated that the courts base the issuance of bail and thus release on the strength of the prosecutor’s case in addition to the actions of the suspect in his interactions with witnesses /law enforcement and the securing of evidence. If the courts find that the suspect is hostile, seeks retaliation or otherwise seeks to intimidate witnesses or destroy evidence, pretrial release is denied (Zalman, 2011).…
This form of punishment is a violation against basic human rights. What gives lawyers and judges who are mere human beings the right to take another human being’s live. We are not God to play God.…