The protection of those charged with crimes is as important as any other provision in the American Constitution. It may sound like a paradox at first that it is this important to protect criminals, but looking further into it, it begins to make a lot of sense. All humans, no matter what, should never be treated cruelly, as our founding fathers knew well, as this would put us at the same level as those we deem to be unfit to participate in normal society. Even though this provision has been in the Constitution since the inception of the Bill of Rights back in 1789, not much attention was brought to it until a case in 1910 brought to light the idea that cruel and unusual punishment was not limited to just barbaric, medieval acts, but that it …show more content…
In the U.S. Constitution, it reads, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” For most of history, as discussed, not many people thought that things happening around them could even partially qualify for the defined “cruel and unusual punishments” or “excessive fines.” Everybody seemed to live with a “you get what you get” attitude. That is, until the defendants in the Weems v. United States case got the idea that maybe the definition could change with time, which was a whole new idea at the time. As people became more civilized and the use of torture and other such horrific acts faded away, they argued that what was considered cruel and unusual could evolve to include things that would have been considered fair in the past, such as how other laws and public opinions evolved (Weems v. United States). For example, the death penalty was almost commonplace and long enough ago, it was even a form of macabre entertainment for some. This contrasts heavily with today’s feelings on the death penalty, with the most common Americans feeling that it should only be used in extreme cases, and some feeling that it should be outlawed entirely. Even recent president Barack Obama has stated in regards to a Supreme Court ruling that “I think that the death penalty should be applied in very narrow circumstances for most egregious of crimes” …show more content…
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. The evolution of amendments and the rights they bring with them is truly fascinating, and it will be interesting to see how future cases shape the world that we live
The First Amendment is the most important, because of freedom of religion and freedom of speech. Many people think that the fourth amendment is the most important. They think this, because it is important for a person to be able to tell policemen “No” if they ask you if they could search your car or your house. I believe that the fourth amendment is really important, but you wouldn’t be able to tell the policemen “No” if you didn’t have freedom of speech. George Washington said,”If the freedom of speech is taken away then dumb and silent we may be, like sheep to the slaughter” (“Famous Quotes Freedom of Speech”).Without freedom of speech and religion we are nothing.
Betts v. Brady was violating people's Sixth Amendment, so Gideon v. Wainwright is important because it helped protect a right every American has to a the Sixth Amendment, “the right to a speedy, fair trial, an attorney if the accused person wants one...” If Gideon v. Wainwright had never happened average Joe would still be having to represent himself if he could not afford an attorney and the court denied the party of trials request. In my opinion I think the Supreme Court made the right decision.
The Eighth amendment causes a big controversial in everyday cases. The 8th amendment is about, no cruel and unusual punishment. This means you can't get severely punished or be punished for no reason. “These bill of rights were written by James Madison.’ ” These bills were ratified in December 15, 1791.
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 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.
Famous American cereal killer, John Wayne Gacy, had murdered and raped 33 adolescents, many of whom were teenagers, the justice system made sure this man could never do this again. The public is turning a blind eye to the many contributions the justice system makes, we should look at not only how we can reform, but how it contributes to society The justice system creates many contributions to society, such as the safety it provides for children and their chances of exploitation, the many instances where they convict dangerous individuals therefore creating a safer environment for the present and future of society, and the fact it provides all citizens of the public and private sectors, to have the right to a fair, speedy, and public trial,
The Constitution of the United States is the concrete platform that the nation is built upon which contains fundamental principles in which our nation is governed by. However, much of the Constitution is very ambiguous which leads to controversy in the court room. For example, the Eighth Amendment which states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (Baltzell). The first part of the Eighth Amendment protects accused citizens of the United States from unreasonable and extreme amounts of bail that would prevent them from being released from pretrial containment and it also limits the amount of a fine that can be given to a convicted person (8th Amendment)(Kurt). The
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.
The fact the founding fathers of the United States, risked their lives traveling on a dangerous journey in a hope of finding a place where they can express themselves freely without any punishment indicates how valuable this Amendment is and it is sad that it is not
An amendment, and justice is ultimately what keeps the citizenry of the society safe each and every day, if anything. Although we are aware that ever state in America has not ratified the 8th amendment and that’s something that needs to change because if you think about it although the death penalty is a cheap option and easier way to get rid of criminals who could commit more crimes. You must take into the fact that no life should be taken, and that all lives matter even if serious crimes have been committed by that person. If the state has not ratified the amendment and refuses to then they should have certain policies, restrictions, etc. and be sure to follow
The Importance of the 1st Amendment In 1787 our founding fathers assembled the constitution of the United States of America. Of this which contains the most important document to the American citizen, the Bill of rights. The first Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances” These freedoms granted by the Bill of Rights are often known as freedom of expression. These rights are most important to a truly free society. The first amendment provides us with new ideas and dismisses the fear of punishment
The government takes these precautions because it's for the benefit of keeping what has been established for years to come. The criminal justice system has influential leaders with the power to change current systems, but are not willing to step out and make an imprint of change against unfairness (Lockup Nation; American Prisons). Officials who are behind the laws and regulations regarding criminal sentences have hard decisions when trying to impose a new process of handling crimes, which potentially could backfire. Leaders that worked in law enforcement for years upon years are set into a notion of how justice will be served because of history with training and social norm of persecuting crimes. The uproot of change of sentencing crimes would affect those in higher authority.
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.
The amendments are very important to the constitution and to the people that live in our country. The amendments also have other name that is mostly know better called the bill of rights. We have the freedom to religious and political freedom, and the right to bear arms, the right of quartering troops, the right to search and seizure, and the rights of accused persons, the right to a speedy ,public, the right to have a trial by jury in civil cases , the right of limits of fines and punishments , the rights of people , the right of powers of states and people.this are all the most important amendment of the constitution and all the
I will now introduce the fading of humanity. People suggest and would like that death penalty should still exist. They think about safety. They think about how they will feel safe if a murder is executed. They do not think that they vote for violation of the human rights.