Although some believe that it violates the 8th amendment that forbids any cruel and unusual punishment, but the only crimes that are punishable by death are espionage, terrorism, treason, large scale drug trafficking, federal murder, or attempt to kill a witness, juror, or anyone affiliated with the trial. The 8th amendment was originally used to prevent judges from making bails based of biased decisions and opinions. It also prevented cruel and unusual punishment from being placed for crimes that aren 't as harsh as they might be punished for. Since it is not clear on what it means by “cruel and unusual,” the dismissal of the death penalty cannot be justified by the 8th Amendment without a more clear, concise definition. Some of the amendments might be a little out dated and aren 't put to use in modern times.…
The 8th amendment stops the federal government from any excessive bail, excessive fines, or cruel and unusual punishment. The 8th amendment also applies to the states and not just the federal government. The 8th amendment was adopted as a part of the Bill of Rights in 1791. Because of this amendment, there are very rules laws for the death penalty for example execution by firing squad is not allowed (this used to be a form of capital punishment where they would kill the victim with firearms). This amendment states that there should not be too many bails out of jail in the country.…
"Cruel and unusual" to refer only to certain barbarous methods of punishment. ”(Harvard Law Review). The 8th amendment was first written 1791. It was an amendment that had the power of eliminating all punishments that were labeled as barbarous or inhuman. Abolished punishments included the whipping post, public execution, and more.…
The eighth amendment guards against the infliction of cruel and unusual punishment by the state. In regards to capital punishment, the eighth amendment becomes even clearer. The argument is that it somewhat reserves a safeguard for the capital defendants in sentencing and should not be used against a defendant. The court determined in cases that cannot be punishable by the death penalty, then the defendant that are part of the case are not obviously necessary to be protected by the eighth amendment. By ruling that the death penalty cannot be deliberate of a defendant, the court decided that it violates the eighth amendment.…
The U.S. Constitution’s clause regarding “cruel and unusual punishment” is the most essential and contentious part of the Eighth Amendment. What does it mean for a punishment of a crime to be “cruel and unusual”? How does one evaluate a punishment’s cruelty? The Eighth Amendment, ratified in 1791, includes only sixteen words: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (Eighth Amendment).…
The Death Penalty violates the eight amendment, which applies to the fifty states as well. The term cruel and unusual punishment would be the reason of the violation. Beside the violation of rights the Death Penalty has not been proven to deter crime, victims of the Death Penalty are also found innocent in later years. The expenses for Death Row trials and inmates higher than other inmates, and the Death Penalty sentences are given to African American significantly higher than White Americans.…
The Eighth Amendment prohibits cruel and unusual punishment, so therefore one may not violate this particular law. However, what would happen if one did? Would it be justice? Well, “on June 25, 2012 the supreme court ruled juveniles who committed murder could not be sentence to life in prison because it violated the Eighth Amendment…” To this, though what would man be if we did not treat every person, young or old, equally.…
Edgar Allan Poe is an American author who is known for his mystery and macabre short stories and poetry. In the short story, "The Tell-Tale Heart," by Edgar Allan Poe, the story describes the main character killing an old man. The story is written in the perspective of the killer. He states having a disease that sharpened his senses and killing the old man because of the man’s eye that haunted him. The narrator watches the old man for eight nights before deciding to kill him and do the murder.…
Although the Eighth Amendment(VIII) to the United States Constitution being the Bill of Right that prohibits unusual punishments and cruel, the debate whether death penalty constitute cruel and unusual punishment remains unsolved puzzle in the United States or in some States. As some states have mandatory death penalties in certain cases, the Supreme Court found these laws unconstitutional (Woodson v. North Carolina 1976) and they actually violates the Eighth Amendment (Furman v. Georgia 1972). However, using these examples I am not saying that Charles Laverne Singleton should have been freed because he killed someone.…
One concerning fomented subjects between America today is the death penalty. While the disagreement can remain reduced under disputes over ethics, a more prominent pragmatical strategy recommends defendable factors that are confirmed and supported by the crimes being committed that warrants the death penalty. Supporters with respect to the death penalty feels that it deters crime, gives closure, or is a just punishment for those who choose to take away a human life. Those that are against the death penalty argue that execution of a human is a disloyalty of fundamental human rights, thus the eighth Amendment which expresses that a punishment cannot be cruel and unusual and is an ineffective crime deterrent. Some also believe that it is an outdated…
What constitutes cruel and unusual punishment? To Truman Capote, capital punishment came in direct violation of the 8th Amendment, regardless of the crime.. This was evident when he graphically described the hanging of Lowell Lee Andrews, a cellmate of the murderers in In Cold Blood. When initially written, Truman Capote’s In Cold Blood was a revolutionary novel.…
Who can be executed? Under the Eighth Amendment, the punishment must be related to the crime, so the execution is appropriate for all murder cases. The new death penalty laws require judges and juries to consider aggravating and mitigating factors in each capita case and to apply the death to all heinous crimes. The Eighth Amendment finds justice should be served in all heinous crimes and those may be sentenced to death.…
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted “ (US). This is what the Eighth Amendment states. Although excessive bail and fines are intriguing, what’s more striking about the Eighth Amendment is that it mentions “cruel and unusual punishments”. Although you would think “cruel and unusual punishments” might be rare I think you’d be surprised how many cases deal strictly with what the Eighth Amendment prohibits.…
As a citizen of the United States of America, each person is entitled to one’s Constitutional Rights. In our Bill of Rights, one can see very important rights that pertain to our criminal justice system making sure that the people of the United States are treated fairly. The eighth amendment is most important when it comes to corrections. Amendment Eight of the Bill of Rights prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment. In our history, one can see how there were many examples of how the government violated this amendment.…
The eighth amendment actually prohibits cruel and unusual punishment and provides…