Essay about The Eighth Amendment - 1138 Words

The 8th Amendment to the Constitution of the United States prohibits cruel and unusual punishment, as well as the setting of excessive bail or the imposition of excessive fines. However, it has also been deemed unconstitutional by the Supreme Court of the United States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances. nbsp;nbsp;nbsp;nbsp;nbsp;The 8th Amendment stipulates that bail shall not be excessive. This is unclear as to whether or not there is a constitutional right to bail, or only prohibits excessive bail, if it is to be granted. The Supreme Court has never directly addressed this†¦show more content†¦The Court did, however, state that the mandatory use of the death penalty would be prohibited under the Eighth Amendment as cruel and unusual punishment. The defendant in this case, Gregg, had been convicted on two counts of armed robbery and two counts of murder. The jury was instructed by the trial judge, who was following Georgia state law, to return with either a decision of life imprisonment or the death penalty. Justice Byron stated in his opinion that Gregg had failed in his burden of showing that the Georgia Supreme Court had not done all it could to prevent discriminatory practices in the forming of his sentence. This decision became the first time the Court stated that quot;punishment of death does not invariably violate the Constitution.quot; (Bernstein 21) nbsp;nbsp;nbsp;nbsp;nbsp;The punishment also cannot be â€Å"grossly out of proportion to the severity of the crime charged, nor can it violate the convicted individual’s dignity. In Rummell vs. Estelle, it was upheld that it did not constitute quot;cruel and unusual punishmentquot; to impose a life sentence, under a recidivist statute, upon a defendant who had been convicted, successively, of fraudulent use of a credit card to obtain $80 worth of goods or services, passing a forged check in the amount of $28.36, and obtaining $120.75 by false pretenses. We said that quot;one could argue without fear of contradiction by anyShow MoreRelatedThe Eighth Amendment and Death Penalty Essay1399 Words   |  6 PagesThe Eight Amendment to the U.S. Constitution â€Å"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted†, proposed on 9/25/1789 and approved on 12/15/1791. The cruel and unusual punishment confines the harshness of penalties that state and federal governments may inflict upon ones who have been condemned of a criminal offense. The excessive fines phrase restricts the amount that state and federal governments may possibly fine an individual for aRead MoreThe Eighth Amendment to the U.S. Constitution Essay1723 Words   |  7 Pagespunishments inflicted. Eighth Amendment, 1791 The Eighth Amendment to the U.S. Constitution limits the punishments that may be imposed by the government on American citizens. These limits are compulsory among the states by way of the Fourteenth Amendment. The English Bill of Rights of 1689 expressed concern with arbitrary and disproportionate sanctions, giving way to the Founders inclusion of the prohibition against cruel and unusual punishment. To explore the Eighth Amendment it is important to considerRead MoreThe Eighth Amendment And The Fifth Amendment1206 Words   |  5 Pagesthe 5th† in court. 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An execution or capital punishment is a direct violation of the Eighth Amendment to the Constitution of the United StatesRead MoreThe Eighth Amendment And Cruel Punishment Essay2194 Words   |  9 Pages The eighth amendment states: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (The Bill of Rights). Although excessive bails and excessive fines are a problem, the focus for this paper is going to be centered on cruel and unusual punishments inflicted. For years, many inmates and other people in society have been victims of cruel and unusual punishment. Extreme cases have included hangings, cadena temporal, being burned alive, publicRead MoreSupreme Court Cases and the Eighth Ammendment865 Words   |  3 Pagesthe first ten amendments which were included to guarantee personal rights. 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The Fifth Amendment to the U.S. Constitution states, No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militiaRead MoreEssay about 8th Amendment1153 Words   |  5 PagesThe Eighth Amendment The 8th Amendment to the Constitution of the United States prohibits cruel and unusual punishment, as well as the setting of excessive bail or the imposition of excessive fines. However, it has also been deemed unconstitutional by the Supreme Court of the United States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances. The 8th Amendment stipulates that bail shall notRead MoreThe Moral, Legal, and Economical Aspects of Capital Punishment1509 Words   |  7 Pageskey issues (be they supporting or otherwise) concerning capital punishment – the legitimacy of ‘deterrence,’ the legality of capital punishment under the Eighth Amendment’s â€Å"cruel and unusual punishment† clause, and the cost associated with putting a man to death in relation to the cost associated with life imprisonment. The Eighth Amendment to the United States Constitution states, â€Å"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted