8th Amendment Essay

Therefore the question that should be asked is, Is the execution of a defendant with intellectual disabilities (mental retardation) cruel and unusual punishment prohibited by the Eighth Amendment ("FindLaw's United States Supreme Court case and opinions.",

One day you were sitting on your rocking chair, eating rice and then BOOM the police are banging on your door saying you are going to be sentenced to death for littering a sea sponge. In court you say that that is being against the 8th amendment, but the judge still says you are going to die. So what now? OK. This particular example actually never happened but you are still right, being sentenced to death for a small crime like littering is still against the 8th amendment.

The 8th amendment states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. Justice Samuel and four other justices conclude that the lethal injection does not cause harm and does not violate the 8th amendment according to this article. “ Testimony from both sides supports the District Court’s conclusion that midazolam(medicine) can render a person insensate to pain” says Justice Samuel A. Alito Jr. Justice

The Eleventh Amendment of Crime and Punishment 1) The crimes of pre-mediated murder, abortion, pedophilia, rape, treason or committing a terrorist act is punishable by beheading. 2) The crimes of reckless and negligent manslaughter, attempted murder or attempted rape is punishable by banishment. 3) The crime of attempted or actual kidnap is punishable by banishment. 4)

The 8th Amendment is stated as simply as this: “Excessive bail shall not be required, nor excessive fins imposed, nor cruel and unusual punishments inflicted.” We do know some things about the history of the phrase “cruel and unusual punishments”. In 169, a full century before the ratification of the United States Constitution, England adopted the Bill of Rights that prohibited “cruell and unusuall punishments”. In 1776, George Mason included a prohibition of cruel and unusual punishments in the Declaration of Rights he drafted for he Commonwealth of Virginia. In 1791, the same prohibition became the central component of the 8th Amendment to the United States Constitution.

Capital punishment commonly referred to as the death sentence or penalty is a topic of widespread controversy. The question of whether capital punishment is “cruel and unusual” provokes questions about societal values and the philosophy behind punishments. As decreed in the Eighth Amendment of the United States Constitution it declares the use of “cruel and unusual” punishments is to be prohibited. With many execution methods such as lethal injection, electrocution, beheading, hanging, firing squads, and stoning, it sparks the question. Do these fall under the Eighth amendment?

The 6th amendment of the constitution is not an amendment to be over looked but one to be thoughtfully used in all persecutions. This amendment was ratified for various reasons which are not very understandably simple. Many issues were held in the upcoming years before this amendment was ratified, but what exactly were the issues? American citizens have a great and unbounded benefit from this amendment which cannot be taken away. This amendment grants American citizens rights in many ways.

If the 1st amendment never came to pass then the U.S. and most likely the world would be much different. The U.S. would probably be more focused on maintaining the Christian religion to the point of war. Which will leave the U.S. very vulnerable and we will definitely not be the land of the free. In regards to the most recent presidential election, I believe there needs to be a mandatory test you have to pass in order to vote.

This specific amendment creates debates all over the world because of the death sentence. It raised a lot of questions but it cannot be helped if they do not specify. So with the cruel punishment rhea do not know how to measure how bad the crime is and give criminal the punishment, but then there are cases that people just can’t tolerant and need something more than just jail then the death penalty come in. Some people say it is too cruel or unjust but that is where the debates start. The criminal should pay for what they have done, if they think that the death penalty is cruel for them, they should thinking about how cruel they have hurt a human being.

All in all, the Eighth Amendment has undergone quite a revolution in the last century. Its significance in the dealings of criminal law are paralleled by law as it quite literally defines criminal law itself. Most, if not all, cases that deal with the civil rights of criminals, such as the vastly influential Miranda v. Arizona case, which introduced the obligation to police officers to read suspects their natural rights, would have never came about if it wasn 't for the case which changed the meaning of cruel and unusual. As time goes on, society as a whole will evolve, hopefully in a more peaceful manner, and as such the Eighth Amendment will evolve alongside society, keeping up with how the public opinion feels about certain things along the way. In the near future, things like the death penalty might become horrific tales of the past to be left just a bad memory, and in the far future, maybe even things like manual labour will be outlawed with the rise of automation making such labour unnecessary.

We’re able to express our political beliefs without being fearful that we might get sent to jail. Without this amendment, we wouldn 't be able to speak up for ourselves against the government whenever we

There was a recent storm in Hollywood, Florida that left many homes without power. This storm also affected prisoners that were still kept in prisons that lacked of power, supplies, and plumbing during the emergency. This situation relates to The Eighth Amendment. The Eighth Amendment protects people from “cruel or unusual punishment”. Some might view that keeping them in prisons is wrong and against their will.

"The 21st century is needless to say, the era of digitalization, as social media controls every aspect of human life. Technology has rendered paper and pencil useless as it has shifted the face of the earth to network and communicate faster than ever. Countless apps, websites, and softwares exist to satiate the human desire for convenience and efficiency, all while serving to entertain our complex mindsets. Social media and its platform offer numerous ways for users to speak their minds through comments and ways to express themselves through pictures. The 1st Amendment in the Constitution “prohibits the peoples’ representatives in Congress from abridging these rights” (“The Bill of Rights”).

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.

Rough Draft Is the death penalty an effective and justified punishment? This is a topic many Americans have discussed for a long time, and has caused much controversy. Both sides have their pros and cons, and they will be discussed. The first point that many people have about capital punishment is that it’s unconstitutional.