8th Amendment Case Study

Decent Essays
Khalid Eisa
Sr. Aliyah Hussain
U.S Government
May 8, 2016
The Eighth Amendment The Eighth Amendment of the U.S. Constitution states:
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Supreme Court Case: Furman V. Georgia Issued: Jan 16, 1972 Decided: Jun 28, 1972
The Furman case solidified requests from three indicted killers serving out sentences on death line. The lead case was that of William Henry Furman, a 26-year-old African American from Georgia, who had broken into a home with the purpose to commit robbery. The house owner amazed Furman, be that as it may, and attempted to catch him. Furman, outfitted with a pistol, fled. While escaping, Furman said, he "dropped his

Related Documents

  • Decent Essays

    The United States Constitution’s 11th amendment also states that an officer must show that they had probable cause in order to have lawsuits brought against them dismissed. In situations involving police use of excessive force the 11th amendment; protections have had multiple successes due to death caused by a police officer. A majority of cases heard regarding probable cause often lead to a dismissal of charges, but the penalty is usually in monetary form as an end result of a lawsuit. The 11th amendment granted diversity jurisdiction to the federal courts, allowed lawsuits between a State and Citizens of another State called, Sovereign Immunity. The law is ethical and morally correct, but not successful in assuring police are charged…

    • 276 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Supreme Court Case Essay

    • 808 Words
    • 4 Pages

    Title and Citation: Fry V. Napoleon Community School District Topic: A school district denying the student the right to have a service dog attend school. Level or Type of Court: Supreme Court- Oct 2016 Facts of the Case: A student with cerebral palsy obtained a service dog with the doctor’s approval to help her live as independent as possible. The service dog was hypo-allergenic and was to stay out of the way when not needed.…

    • 808 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Abstract The Twenty-Sixth Amendment has the right to be repealed by Congress. During the time period of the Vietnam War of the Cold War, where the United States had conscripted their men into soldiers to fight against the communists in Vietnam. The main reason for the men to be drafted is to protect the South Vietnam from being taken over by the North Vietnam. As the American men were being drafted into the war, they were recently a few number of men who burned their draft cards in as an act of violation.…

    • 1193 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The defendant in the case that was with Heller, whose last name is Stevens, stated his opinion on the matter. Stevens stated that, “The Second Amendment was adopted to protect the right of the people to maintain a well-regulated militia. It was a response to the concern that the power of congress to disarm the state militias and create a national standing army posed an intolerable threat to state sovereignty (Lawnix, par. 15).” Neither in the manuscript of the Second Amendment or in the quarrels in the advocate’s evidence, was there even the least interest of the Framers in limiting of the legislature’s power of controlling the uses of firearms used by the private citizen. Stevens also said, “There is no indication that the Framers intended…

    • 203 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    The 13th is a powerful documentary on the 13th Amendment of the American Constitution. The documentary starts with discussing 13th Amendment which slavery in the U.S. unless it is a punishment for a crime one has been found guilty. This technicality in the Amendment legalized some form of enslavement in the American institutions. In fact, it has been exploited as a tool for mass incarceration and criminalization of the blacks. The 13th is a historical analysis that links slavery to current prison industrial complex.…

    • 853 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In 1789, James Madison creator and supporter of the 8th amendment and later ratified in 1791 states that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. A supporter of the 8th amendment and chief recorder of information for Virginia. The founding fathers also supported the 8th amendment. A supporter of the 8th amendment, Goerge Mason, he included the three provisions for the 8th amendment. For example, a person who steals from a convenience store cannot be put in jail and have bond set for one million dollars because the 8th amendment states that no excessive fines imposed.…

    • 315 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    The Tenth Amendment

    • 1445 Words
    • 6 Pages

    The tenth amendment was created to affirm an understanding for the citizens at the time the Constitution was created (CRS Annotated Constitution. (n.d.). It was a creation so the people of the states could have powers not given by the United States (CRS Annotated Constitution. (n.d.). The tenth amendment states, “The powers not delegated to the United Sates by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people (CRS Annotated Constitution.…

    • 1445 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    Cole Cannon Case Summary

    • 1192 Words
    • 5 Pages

    The Eight Amendment also requires that the punishment be graduated and proportioned to the offense. It forbids grossly disproportionate sentences (Rhodes, 2015). The U.S. Supreme Court reversed the Alabama Supreme Court’s decision and remanded. The Court held that the Eight Amendment’s prohibition against cruel and unusual punishment forbids a mandatory sentence of life in prison without parole for juvenile homicide offenders.…

    • 1192 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    Essay On 13th Amendment

    • 1412 Words
    • 6 Pages

    Do illegal residents and immigrants have constitutional rights? Why the Thirteenth Amendment to the United States Constitution protect the immigrant victims? The Constitution of the United States was written to restrain the government from interfering with the natural rights of an individual such as the right to think, worship, choosing a mate and so on. According to Andrew Napolitano, the Supreme court identified the right to travel as a natural right in 1969, and shortly after the First immigration statute was enacted in the 1880s- it ruled that aliens, whether legal or illegal, are persons, and the constitution protects all persons from governmental deprivation. The illegal immigrants are not fully protected by the constitution, but the Fourteenth Amendment has been interpreted as assuring them at least a significant measure of constitutional equality and fair treatment (Reason Free Mind and Free Market).…

    • 1412 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Eight Amendment Essay

    • 709 Words
    • 3 Pages

    This Court has reiterated that the Eight Amendment prohibits the execution of a person with a mental disability. The Texas Court of Criminal Appeals (“CCA”) have used the seven factors outlined in Briseno instead of using current medical standards to determine if the Petitioner was intellectually disabled. The Atkins decision was intended to protect all person with a mental disability from execution; however, this goal was undermined by the CCA, by incorporating inadequate protective standards leading to the death of those with an intellectual disability. The usage by the CCA of outdated medical standards and the Briseno factor, the Court now holds, creates an unfairness and risk of execution of a person with a mental disability, and thus unconstitutional.…

    • 709 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Conversely, opponents insist elongated solitary confinement violates the eighth amendment on the basis of cruel and unusual punishment. In addition to the eighth amendment, researchers suggest that solitary confinement almost always creates a…

    • 511 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    In Furman V. Georgia, the court issued its most significant ruling regarding the death penalty. Rather than focus on the physical and emotional pain of the prisoner as the grounds for capital punishment to be considered cruel and unusable, Furman 's defense argued that the death penalty was arbitrary and capricious. This argument presented evidence that a person convicted of a capital punishment may or may not be executed because the law and the state courts did not systematically apply the death penalty. But in 1976, the U.S. Supreme Court issued another landmark decision in Gregg V. Georgia, which required bifurcated trail structure. This required that trails for capital offenses had to be conducted in two separate parts.…

    • 2582 Words
    • 11 Pages
    Great Essays
  • Great Essays

    The 8th Amendment

    • 2053 Words
    • 9 Pages

    On December 15, 1791 the 8th amendment was ratified in the United States constitution. Understanding the 8th amendment is fairly simple, “subjecting any citizen to cruel and unusual punishment. Other parts of the amendment prohibit the government from imposing fines or bail which are considered excessive” (The 8th Amendment to the Constitution).…

    • 2053 Words
    • 9 Pages
    Great Essays
  • Improved Essays

    The seventh amendment gives citizens the right for their case to be re-examined if new evidence is put forth according to the rules of common law. Although this only applies to cases in which the value of the controversy exceeds twenty dollars, and if that value does exceed twenty dollars, the right of trial by jury is preserved. The eighth amendment guarantees no persons’ bail shall be excessive, nor shall there be any excessive fines, and lastly that there will be no cruel or unusual punishment, meaning the accused should not be punished physically or mentally. The ninth amendment says the constitution shall not be used to stop the creation or use of other amendments. The tenth amendment means the powers not specified or prohibited to the United States government are reserved to the States, and/or the people…

    • 791 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Essay On 7th Amendment

    • 818 Words
    • 4 Pages

    The rights granted by Constitution have a substantial impact on the lives of American citizens. Many of these rights such as the freedom of speech, to bear arms, and to decline to answering questions are very well known by the citizens and are used often everyday. However other rights granted by the Constitution are not as well understood yet still play a fundamental role in the liberties bestowed to Americans. Case in point, consider the 7th Amendment which issues the right to trial by jury and that no fact tried by a jury shall be re–examined. These rights granted by the 7th Amendment have a dramatic role within the predominate common law system of America and as such gives citizens privileges that are vital.…

    • 818 Words
    • 4 Pages
    Improved Essays