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 However, his probation was revoked and was sentenced to life in prison for burglary: “…leaving Graham with no possibility of release unless he was granted executive clemency” (PJDC).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 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…
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.…
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…
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 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.…
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…
Solitary confinement has been called into question as violating of the Eighth Amendment of the Constitution. The Eighth Amendment guarantee the protect from any cruel and unusual punishment. On Febuarary 24, 2012, a Russian immigrant named Viktor Bout challenged the use of solitary confinement during his time in Metropolitan Correctional Center (MCC). Bout was convicted on 2 November 2011, for conspiracy of attempting to smuggle arms to the Revolutionary Armed Forces of Colombia (FARC) to kill U.S. citizens and delivery of anti-aircraft missiles. Once Bout was convicted he was held in solitary confinement for fourteen months. Judge Scheindlin (2012) ruled that,…
The government has laid out an array of civil rights to protect the liberties of the people with the induction of the United States Bill of Rights in 1791. The large majority of these amendments are appropriate and remain prominent in the modernized American governmental system but these basic human rights carry substantial controversy, the most arguable being the eighth. This amendment states that there shall be no cruel or unjust punishments inflicted upon any individual remaining in the borders of the nation, whether long term resident or briefly visited foreigner. This amendment receives most of its discussion through conversation regarding the death penalty to the detained. In many opinions, lethal injection is supported as fully…
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…
The 8th amendment to the constitution prohibits the government from inflicting cruel and unusual punishments because they exhibited an inhumane way of executing "inmates", tortured their guilty victims to death and were considered to many as unjust. It also prohibits high bail or excessive fines against the defendant. 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. Also, The 14th Amendment acts as a binder that holds the clauses of the 8th amendment and what the government can and cannot do to the citizens of the United States.…
Punishment is described by the Webster Dictionary as ‘the infliction or imposition of a penalty as retribution to an offense’. Today, this definition may pass as true for many governments, but years ago when philosophers were discussing ideas about government and laws, one idea that stuck out was that of punishment. Different theories rose regarding justifying punishment, and deciding the purpose behind punishing people. Joel Feinberg, Jules Coleman, and Christopher Kutz are three philosophers that spent a lot of time discussing their beliefs and ideas about punishment.…