The Eighth Amendment of the Constitution prohibits cruel and unusual punishment, stating “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Although the Eighth Amendment is typically used in relation to the discussion of the death penalty or the evaluation of a long prison sentence for a nonviolent crime, in 2011 the Supreme Court used the cruel and unusual punishment portion of the amendment to assess Brown v. Plata, a case which determined whether or not the Eighth Amendment protection is violated if prisoners are deprived of basic sustenance. In the case of Brown v. Plata, 46,000 prisoners were to be released from a federal correction facility as a result of unprecedented overcrowding within a …show more content…
In addition to the narrowly drawn remedy, the PLRA also issues that remedies must embody the “least intrusive means necessary to correct the violation of the Federal right meaning that no other relief is available.” The PLRA requires courts to seriously consider adverse impacts on items such as public safety or the general operation of the criminal justice system when determining the mode of relief. For example, in this case, the release of 46,000 prisoners could place citizens in danger. The placement of indicted criminals, who were, according to their sentence, supposed to remain within the prison system, back into society could be detrimental and result in safety issues. Additionally, the release of such prisoners could impact the operation or general integrity of the criminal justice system. Although this reading of the PLRA limits the circumstances by which the court could issue structural injunctions to remedy allegedly unconstitutional prison conditions, it does not eliminate such injunctions entirely, but rather regulates them for appropriate
"To make all Laws which shall be necessary and proper for carrying into Execution the [enumerated] Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." (Article I, Section 8, Clause 18). The Constitution is by far the most important document in our country's history. It provides rules and restrictions for the government and the power it can hold. It ensures the stability for our country’s survival.
In Bell v. Wolfish, the Supreme Court had to determine if violations of the eight amendments had occurred under the “punitive intent standard” which distinguishes between incarceration and detainment. The court also had to determine if any violations of the eighth amendment had occurred which resulted in cruel and unusual punishment being inflicted upon the inmates who were primarily housed as pretrial detainees. The case alleged that within a new constructed federal jail in New York City
March 15th, 2023 Nicholas Sparacino 8A Social Studies Teacher of North Point Middle School 2275 W Meyer Rd, Wentzville, MO 63385 Dear Mr. Sparacino, Is our country's “most valuable” resource ever meant to exist? Are the banks and money we have now considered…..unconstitutional? After the USA became independent in 1776, we were put in serious national debt and our founding father Alexander Hamilton wanted to create a national bank to support our economy.
Nowhere in the Constitution does it state that women are citizens. Women have never been legally declared persons in this country, not by the Founding Fathers, not by the Constitution, not by the Supreme Court. The Fifteenth Amendment guarantees to right to vote to all U.S. citizens, whatever their race, whether they had been born free or born a slave, but it didn’t include women the right to vote. Women fought along for the abolition of slavery. When the battle was won, black men got the right to vote.
The twelfth amendment is one of the amendments to the United States Constitution. The Bill of Rights is a list of the first ten changes made to the United States Constitution. The rest of the amendments were simply added to the United States Constitution. These changes are made to better and perfect the country, as no country is ever truly perfect. Utopias are a fictional trope and cannot be replicated in real life.
advantage, powerful military leaders which served them nicely in the beginning battles. However motivation for equality drove the Union to victory. Although, Lincoln issued the Emancipation Proclamation in 1863 and pushed for the 13th amendment, which he believed was crucial for peace, he did not live to see the abolishment of racial prejudice. The 13th Amendment commands that "Neither slavery nor involuntary servitude, exceptas a punishment for crime whereof the party shall have been duly convicted, shall exist within the United.
The government of the United States of America had its infrastructure set in stone in the span of the year 1787 (National Constitution Center, n.d.) when this country’s founding fathers put their futures into their own hands and laid down various ground rules for the government to follow by constructing the United States Constitution. Among the words written in the U.S. Constitution, Articles I, II, and III records the given powers of the United States Congress, President, and the three branches of the national government, Legislative, Executive, and Judicial. These rules give many abilities to these parts of the government, but there are also restrictions given to them as well. Through the United States Constitution, the Congress is given
During and immediately after the Revolutionary War, the founding Fathers of America sought to establish a republic on a scale never seen before and to do so had to experiment with new laws and political ideas. Though it was obvious that the first law of the land, The Articles of Confederation, were too weak for the new nation, the development of the new constitution in the late 1780s sparked fierce political debates over the power of the new central government. Even during the debate over the new constitution, it was merely political factions fighting over ideas of government. It would not be until Washington’s first term in office that actual political parties emerged. It was the differences between Secretary of Treasury, Alexander Hamilton,
The 24th Amendment Fails the People The 24th amendment of the constitution to the United States of America needs to be changed. As of 2016, the 24th amendment states that in any federal election, poll taxes are not allowed to be given. The 24th Amendment should state that in all elections no one is allowed to receive a poll tax because the constitution states that anyone over the age of 18 can vote, no matter what, and it is technically against the 14th amendment to have anyone's rights from the constitution taken away.
In the United States Constitution, the Fourth, Fifth, Sixth, and Eighth Amendments from the U.S. Bill of Rights, deal specifically with the rights of criminal defendants. The Fourth Amendment provided the criminal suspects protection from police officers and prosecutors for unreasonable searches and seizures. The Fifth Amendment guarantees a trial by jury, due process of law, and guards against double jeopardy and self-incrimination. The Sixth Amendment provided rights to accused persons and right to a speedy and public trial. The Eighth Amendment protects criminals from punishments.
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 ERA Must Be In Our Constitution “Aunt Alexandra’s vision of my deportment involved playing with small stoves, tea sets, and wearing the Add-A-Pearl necklace she gave me when I was born,” (Lee 92-93). In this quote from To Kill A Mockingbird, Aunt Alexandra is telling Scout that she must grow up and act like a proper lady. She believes that girls are supposed to play with tea sets and jewelry and not wear overalls, and she believes that women are supposed to be sophisticated and proper, and not do things men do. The ideas have been ingrained in her because it is the built-in misogyny that many people were raised around. It was always believed that women did not deserve the rights that men do and that they did not deserve to work or make
The first amendment was affected all American and it has inspired way that made every american proud .Also , You may not find that attestation in any country. In addition, using that law our country gives us the liberty to live our in the way we adopt and this advantage play good role in our lives. the First Amendment builds separation between church and state.”
Our class should study amendment number eight. The Eighth Amendment to the United States Constitution states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants, either as the price for obtaining pretrial release or as punishment for crime after conviction. (Constitutioncenter.org) states that, "The Cruel and Unusual Punishments Clause clearly prohibits cruel methods of punishment. " This means that if the federal government tried to bring back the rack, or thumbscrews, or gibbets as types of punishment, such efforts would violate the Eighth Amendment This amendment still
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.