8th Amendment Importance

The main arguement that was used was the 17 year old was not mentally fit for trial nor was he mentally aware of the effects of the murder. Therefore if someone doesn’t even fully understand the crime that they commited how could they be senteced to death for that crime. That I would consider to be a curel and unusual

Hayes’ sentence. In recent decades, The Supreme Court has been extremely reluctant to analyze a prison sentence for proportionality under the Eighth Amendment. There are several explanations for the lack of proportionality review, from Scalia’s originalist (yet erroneous) view that the Eighth Amendment prohibits only certain methods of punishment, to the Court’s reluctance to clearly define what proportionality requires. The Court has not always been reluctant to engage in proportionality analysis. For example, in Robinson v. California the Court said, “imprisonment for ninety days [for being a drug addict] is not, in the abstract, a punishment which is either cruel or unusual.

•Explain what the amendment says (in plain English) – Search and seizure: the fourth amendment. This amendment prohibits officers and active members of the law to unlawfully search or enter a home or school without a search warrant; and even with a warrant you can only search where evidence might be found. If you are looking for a stolen car, you cannot check the kitchen cabinets the car won’t be there. If an area is improperly searched and something is found that cannot incriminate anyone, and is not allowed to be displayed in the court of law. •Explore what issues made it important for lawmakers in the Early Republic--important enough to add this amendment to the Constitution.

In 2012, in Alabama v. Miller, 14-year-old Evan Miller beat up his neighbor and set fire to his trailer. In another case, Roper v. Simmons, Christopher Simmons tied a woman, threw her off a bridge, and watched her drown. So what happened? According to the article "Juveniles, No Parole," the Supreme Court ruled in Miller v. Alabama that it was unconstitutional and a violation of the 8th Amendment to sentence a juvenile to prison, saying that in the second case, the Court banned the death penalty for people 18 and under. In that same story, Justice Elena said it "diminished culpability and heightened the capacity for change.

Now let’s get into detail. If you are charged with a crime this amendment gives you the right to know what you have been charged for. You can also see, hear and cross-examine the people who are witnesses against you. This point of the amendment might seem unnecessary because you would know what you might have been accused for if you were accused of a crime. This right is there so you know exactly what you did or what you were accused of doing.

The Eighth Amendment prohibits inflicting cruel and unusual punishment on citizens. The judicial branch must ensure that the rights and privileges granted to American people by the Constitution are provided equally regardless of their race, sex, or sexual identification (Edmondson, 2017). John Doe after serving two years of a five-year sentence for manufacturing methamphetamines, escapes from prison by hiding in the back of a milk truck. When the milk truck makes its first stop, inmate Doe climbs out of the milk truck and walks away without anyone’s assistance. Inmate Doe manages to find a new set of clothes, catches a ride with a stranger, and shows up at a friend’s home.

The first amendment establishes the people the right to freedom of religion, speech, press, assembly, and to petition. The second amendment establishes the peoples’ right to have weapons and the third amendment protects them from being forced to house the military. Due to the Fifth Amendment, Citizens’ protection from unreasonable search and seizure was put in place, as for the sixth amendment Americans has a right to an attorney and a fair trial in the court of law by an impartial jury of his or her peers. The Seventh amendment gives citizens the right to a trial by jury if there are claims exceeding twenty dollars made, and the eighth amendment makes it illegal for bail to exceed an price the contrast to the crime committed, and prevents cruel and unusual punishment by a court of law. The ninth amendment protects what may be later seen as a right, and finally, the tenth amendment gives states the right to establish laws that has yet been established by the federal

According to, the Eighth Amendment, the author suggests that, “Eighth Amendment to the Constitution of the United States ensures that bails, fines, and punishments be fair and humane. The amendment prohibits the federal government from imposing excessive punishments upon citizens found guilty in criminal cases. ”(worldbookonline.com). This evidence shows that the Eighth Amendment of the US Constitution requires that punishments, fines, and bail set in criminal cases are reasonable and not overly harsh. The Eighth Amendment also prevents the government from using punishments that are cruel or unusual.

In the late 1700’s, James Madison wrote the first Ten Amendments that are listed in the United States Constitution. The Bill of Rights were written to ensure American citizens that they have freedoms and rights that the government can 't infringe. Out of the Ten Amendments, I believe that the First and Eighth Amendment are the most significant. The First Amendment grants us freedom of speech, religion, press, petition, and for people to assemble peaceably.

Would you like your home to be searched in the middle of the night and have all of your stuff thrown on the ground just because a police officer may think that you have been doing something illegal? Luckily your Fourth amendment right protects you from this ever happening. The purpose of the Fourth Amendment is to protect U.S. citizens from unreasonable searches and seizures by the government. During the revolutionary war the British had imposed the writs of assistance which was a law that gave British government much more power over American Individuals. Americans were very unhappy with the writs of assistance because many would be thrown in jail without reason or a very weak one and their property would be destroyed by British officials

For example, Nathaniel Brazill was 13 years old when he was guilty of shooting a middle school and charged with second degree murder. He says that he made a “stupid mistake” but was convicted of second degree murder not first. In the article, “Startling Finds on Teenage Brains” it says that, “a child is not a man.” Meaning that a child shouldn 't be getting treated as an adult no they

Crimes are happening around us whether we pay attention to them or not. Those crimes as dangerous as murder are committed by all ages but should younger criminal in their juvenile age received the same punishment as older criminals. On June 25, 2012, the Supreme Court ruled that juveniles committed murder could not be sentenced to life in prison because it violates the Eighth Amendment.(On-Demand Writing Assignment Juvenile Justice) Advocates on the concurring side believes that mandatory life in prison is wrong and should be abolish. However, the dissenting side believe that keeping the there should be a life in prison punishment for juvenile who commit heinous crime regardless of their age.

In 2012, the Supreme Court ruled that it is immoral to give juveniles life sentences, even if they commit a crime as serious as murder, because it is a cruel and unusual punishment. This has been an issue in America as teenagers are often treated as adults in court due to a belief that their crimes warrant a harsh punishment. Many believe that these kids should not be given such major sentences because they are still immature and do not have the self control that adults do. I agree that juveniles do not deserve life sentences because they put less thought and planning into these crimes and they often are less malicious than adults. The article “Startling Finds on Teenage Brains” explains that the teenagers lose brain tissue that is responsible for self control and impulses (Thompson 7).

It’s Not working out. By:Taija Jones. The 8th amendment says “Excessive bail shall not be required, Nor excessive fines imposed, Nor cruel and unusual punishments inflicted” . With that being said if the 8th amendment applies for cruel punishments of death penalties then why is it still happening.

6th Amendment I personally find that out of all the amendments the most important one is the 6th amendment. Reason being that it is crucial in aiding the judicial process from wrongly persecuting innocent people and it allows our democratic process to continue without preventing innocent people for taking the fall while punishing those who harm it. It keeps justice in check, keeping laws in line and rulings to be fair. The 6th amendment helps the defendants have an attorney when they are unable to afford one.