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…
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.…
Capital Punishment, is defined by deathpenalty.procon.org as an “execution of an offender sentenced to death after conviction by a court of law of a criminal offense.” The first recorded execution took place in 1608, George Kendall was put to death in Jamestown Virginia when caught being a spy for Spain. Throughout the years, new techniques of the death penalty formed. Starting out with hanging, electrocution in 1890, and lethal injection 1977. Throughout the many years of this horrific practice, a constant concern about it kept on coming up.…
(TS) The Eighth Amendment to the United States Constitution says: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” which forbids the federal government from executing overly severe penalties on criminal defendants as punishment for crime after conviction. (PS) However, capital punishment violates the Eighth Amendment because a death row inmate will suffer extreme pain from a lethal injection that it should be considered cruel and unusual. (SS) The use of lethal injection to execute a death row inmate is disturbing and inhumane as it causes “air hunger” and feelings of terror.…
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).…
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.…
The Good Old 8th Amendment The Bill of Rights was written on September 25,1791 by James Madison,he was 0ne of the youngest Continental Congress members. The Bill of Rights was made for Americans and to give them Freedom. The 8th Amendment has some controversy because people still ask if the death penalty should still be allowed. The 8th Amendment is one of the top amendments that people do not agree with. The 8th Amendment is Cruel and Unusual punishments.…
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.…
The death penalty is mainly used in criminal cases when a criminal kills multiple people, he or she is a fugitive of the law, or when someone else has over sixty offenses. There are restrictions on who the penalty can be used against and the reason, for the penalty being put on a person. It is known that there are exceptions to all the rules and for this reason the death penalty should not be allowed in the United States. Imagine being a grieving mother whose child made a mistake because no one saw the warning signs, and no one got him help. It is realized that what they did was wrong but no matter how bad the crime committed was, you cannot force yourself to love your family any less and seeing someone you love punished by death is hard for…
Another component of the eight amendment is the protection abasing cruel and unusual punishment. Due to many cruel and unusual procedures and punishments, practiced the Supreme Court interpreted "Cruel and Unusual Punishment“. Punishments that were illegal included torture,inhumane treatment and unfair death penalties. Another component is protecting the accused from Miscarriages of Justice. Unfortunately it often happens that people who did not commit the crime are still doing the time for it.…
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…
The death penalty is unfitting for the American justice system because of its lack of accuracy and lack of mercy. There are so many ways people are treated with privilege or discrimination based on their abilities, culture, gender or gender expression, mental stability, intelligence, race, religion, sexuality, wealth, where they live, etc. Human beings, as well as trials, are imperfect - even without these prejudices. Mistakes can be made, and often misrepresentation in court can lead to an innocent person on death row. For not being one hundred percent certain of innocence or guilt, it’s not up to humans to decide on a terminal punishment such as death.…
It has, however been proven that one out of three executions held are of an African American, a race that only constitutes 13% of the U.S. population. A study from 1983 led by a professor from Iowa found the African Americans were twice as likely to be put to death than white people. A decision to kill someone which is tainted by racial opinion seems to cruel and unusual punishment and in violation of the 8th Amendment. Race is something that a person has absolutely no control over and to give a whole group of people the upper hand in whether or not they can live, based on their race, is absolutely ludicrous and violates the 14th Amendment granting Americans equal protection of the laws. Supporters of capital punishment have stated that the death penalty is humane as it delivers a quick and painless way to rid the world of criminals.…
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).…
Attorneys who deal with Civil Rights and Constitutional issues attend to predicaments concerning the Eighth Amendment every day. Still though, it leads you to think “what exactly is a “cruel and unusual punishment” within the meaning of the Eighth Amendment?” (What…