8th Amendment Against Cruel And Unusual Punishment

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Throughout the United States history, the death penalty has continued to serve as the final form of penalty for serious crimes. Since its creation, capital punishment has been ongoing debate with lawmakers, citizens, and leaders alike. Treason, murder, and arson are some examples of serious crimes that could result in death penalty. The United States Supreme Court has decided that the death penalty is not a violation of the Eighth Amendment’s ban on cruel and unusual punishment; however, the Eighth Amendment does contain certain procedures on how a death penalty should be carried out. The Eighth Amendment should not be banned as a violation of the Eighth Amendment against cruel and unusual punishment because the United States continued to determine that a penalty was be proportional to the crime committed; otherwise the punishment will be a violation of the Eighth Amendment. The Supreme Court must consider three factors that is relative to their crime such as how the jurisdictions punish criminals as well as same crimes and the strictness of the penalty. In today’s society, the federal government, the Armed Forces, and 32 states now allowed the death penalty to be the final …show more content…
Under the Eighth Amendment of the United States Constitution, unnecessary bail is prohibited as well as excessive fines and prohibited to implemented inhumane punishment. Another example of cruel and unusual punishment is by allowing prison guards to use unnecessary excessive force on inmates. For example, in the case of Hudson versus McMillian, the court realized that the prison guards kicked and punched an inmate by leaving him unresponsive, which led to the violation of the Eighth Amendment. Furthermore, the United States Supreme Court have helped to limited restrictions on the use of cruel and unusual punishment throughout the federal and state

Pros And Cons Of The 8th Amendment

excessive fines imposed, nor cruel and unusual punishments inflicted” The 8th amendment is a very important inclusion to the 10 bill of rights. This guaranties the right that you will be punished fairly on the crime you’ve broken. You won’t be hung because you were speeding. The 8th amendment makes it unconstitutional for the jury to give you an unreasonable bail. The bail must meet the crime as well as the fine. These are all stated in the different clauses of the 8th amendment. 2.) This Idea was part…

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Roper Simmons Case

The 8th amendment protects offenders against “cruel and unusual punishment” and the court decided that executing juvenile offenders falls under “cruel and unusual punishment”. In order to come to the decision that it did the court used several different cases as precedent. The first case that was reviewed was Thompson v. Oklahoma (1988).…

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8th Amendment Essay examples

I think that executing a minor violates the 8th amendment, “No cruel or unusual punishment.” If a little kid makes a mistake and accidentally shoots a gun or does something that kills someone, and they are executed I think that that falls under cruel and unusual punishment. A court case that made it to the Supreme Court was the case of Kevin Nigel Stanford, who was convicted in 1981 of a murder committed in Kentucky when he was 17 years and 4 months old. Stanford and an accomplice repeatedly…

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Death Penalty Essay

some states are trying to find a way to eliminated capital punishment because they found that it is unconstitutional and it is against the 5th, 8th and 14th amendment. The U.S. Constitution's eight amendment states: 'Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. A number of state constitutions also contain the same, or similar, provisions. The objective of the punishment has three purposes which are: to punish for that crime committed…

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Mcclesky V. Kemp Case Study

as Capital Punishment, has been a punishment worldwide for hundreds of years (Stearman, 5). Every country around the world has its own way of executing the death sentence. The United States has moved from hanging people to using the electric chair to the gas chamber and now to the lethal injection (Wolf, 13). The death penalty is unconstitutional because it violates the rights of the people, which are the “Equal Rights Clause” (14th Amendment), Cruel or Unusual Punishment (8th Amendment), the Right…

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Supreme Court Case: Gregg V. Georgia

Court case Gregg v. Georgia, Gregg was charged with armed robbery and he was also found guilty of murder and was sentenced to death. Gregg said that his death sentence was cruel and unusual and was a violation of his 8th and 14th amendment right. The court decided that the death penalty did not violate the 8th and 14th amendment and was constitutional. The bifurcated trial process is a trial divided into two stages, one stage is when they decide if the offender is guilty and the other stage is if…

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Essay Ingraham V Wright Dina Palomo

Ingraham V. Wright By Dina Palomo Players in the case: James Ingraham was an 8th grader who was 14 years old. He attended Charles R. Drew Junior High School in Florida in Dade County. He was the plaintiff (who brought the case against the defendant). Willie J. Wright Jr was the principal of Charles R. Drew Junior High School. He was the defendant (who was being sued/accused). What happened: James Ingraham was told to leave the auditorium stage by a teacher but since he refused he was taken to…

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Why Is Torture Wrong

in society to be used in the future. When in fact techniques like waterboarding to make a person feel as if they were drowning, depriving a person from sleep for days or weeks or even beating an individual is just in gruesome, in humane and goes against all that is morally and ethically right with society. “Some have suggested that torture is worse than killing, and that torturing the innocent is morally worse than murder”…

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Essay On 8th Amendment

The 8th Amendment discusses cruel and unusual punishment. I believe that if they have committed this kind of crime, then they are already committed to cruel and unusual punishment. These pedophiles do not deserve freedom. Even though I don’t want my tax dollars supporting them in jail/prison, I’d rather they stay incarcerated for the rest of their lives. The cycle does not end unless they want it to end by deciding to change and heal from their pasts. Capital punishment is also a very viable…

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Tinker Vs Moines Case Study

Tinker vs Des Moines independent school district (1969) In the court case Tinker vs Des Moines kids wore armbands to school to protest the war in vietnam. But then the teachers quickly noticed the armbands and sent the kids to the office where they were suspended.when the parents found out what happened they took the school to court where they said the school was violating freedom of speech it is here where the court agreed with the parents and gave the kids the right to wear the armbands. New…

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