Defense attorney may argue based on two precedents of US Supreme Court - Booth v. Maryland (1987) and South Carolina v. Gathers (1989) and state that this testimony is irrelevant to the crime itself and is not connected to the facts of the case and also victim’s testimony is unacceptable during death penalty cases. But US Supreme Court overruled these two precedents by its decision on Payne v. Tennessee case (1991). This decision holds that testimony on the form of a victim impact statement is admissible during the sentencing phase of a trial and, in death penalty cases, does not violate the Cruel and Unusual Punishment…
No. In a 7-to-2 decision, the Court held that a punishment of death did not violate the Eighth and Fourteenth Amendments under all circumstances.…
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 jury returned with a guilty verdict to the death penalty even factoring in his age and his clean record. Simmons moved the trial to lesser his death penalty by telling them to consider his troubling childhood, his addition to drugs, and him having an accomplice. The trial rejected his move and Simmons appealed. When hearing about the overturning of the death sentence in the Atkins v. Virginia due to the 8th amendment, Simmons filed for a new petition for the state. The 8th amendment talks about the prohibition of cruel and injustice punishments and this was a key part of the case.…
Does the death penalty violate the sixth and eighth amendment was a question that was asked, “Although there is substantial research about the nationwide operation of capital punishment, empirical research on Delaware’s death penalty is modest in amount”. The Delaware supreme court concluded that because the mercy statute” delegates to jury and judge uncontrolled discretion the imposition of the death penalty there is room for that caprice, whim, and discrimination in the imposition of the death penalty that now stands condemned by the United…
Next, we have to decide whether or not Ezekiel’s Eighth Amendment Rights have been violated. First, let us refresh ourselves on the Eighth Amendment in regards to cruel and unusual punishment. It states “...nor cruel and unusual punishments inflicted.” Now, what constitutes cruel and unusual punishment, you might wonder. Cruel and unusual punishment includes torture, deliberately degrading punishment, or punishment that is too severe for the crime committed. There is a heated debate about whether or not solitary confinement is humane, with some claiming that it discourages inmates from acting out and others claiming that if used too heavily, it can put in someone’s sanity. I think most people would consider solitary confinement a type of torture,…
There are various problems inherent in the current death penalty system. The system is broken. The death penalty should find more effective ways to determine guilt. If not, the killing of innocent people will continue. The first aspect that should be changed is the selection and biasness of the jury, especially racial bias in jury selection. The Eighth Amendment of the U.S. Constitution forbids the government from imposing "cruel and unusual punishments”. The death penalty is cruel and unusual punishment, especial to ones that are innocent. They ultimately die in…
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 eighth amendment is defined as “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (Lectlaw, 2010). This amendment was adopted as part of the Bill of Rights in 1791. The eighth amendment serves the purpose of protection of those who are innocent until proven guilty and to ensure that all persons are treated fairly in the criminal justice system.…
Criminal defendants have several constitutional clauses that protect defendants from excessively severe or uncommon punishments. Most of these restrictions can be found in the Eighth Amendment. The Eighth Amendment states that in a criminal case, “excessive bail shall not be required”, “excessive fines shall not be imposed”, and “cruel and unusual punishment shall not be inflicted”. This is important because it restricts the court from issuing a punishment that is not fitting for the crime.…
Martin Luther King Jr. once said “Injustice anywhere is a threat to justice everywhere.” Imagine being put into a situation where someone is in complete and utter control of your future and the severity of it. Now pretend they also are going to make it as severe as possible either because you are from a poor family, you have different religious or political views, or someone bribed them to make it as harsh as possible for you. This obviously is not fair and would cause any rational person to rebel against the system put in place for them; that is exactly what the colonists did when King George III took away the colonists’ right to trial by jury. Colonists knew the importance of the 7th Amendment because it prevented judicial bias and allowed…
Most commonly, the debate to execute juveniles stems from individual interpretation of the U.S Constitution’s Eighth…
The First Amendment-- the right to freedom of religion, speech, press, petition, and assembly-- was included in the Constitution because the Founding Fathers wished to make it clear, to the people then and to the people of the future, what specific rights citizens were to have. The Founding Fathers wanted to assure the people that their basic rights would not be violated. This was important to the framers of the Constitution because they wanted people to be able to express themselves and to have their opinions matter so long as our country existed .…
In this essay I will be discussing The Fourth Amendment rights as they pertain to search…
The 13th Amendment, passed by Congress January 31, 1865, and ratified December 6, 1865, states: "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." The passing of this amendment freed slaves and made it illegal to have slaves, but the 13th Amendment did not give African-Americans the equal rights that they longed for. Consequently, slavery was a major setback for African-Americans leaving them deprived of education, which in the long run made it difficult for African-Americans to obtain any type of power in the United States. This shortfall of education hindered African-Americans from…