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Macario Jimez Research Paper - Eighth Amendment Excessive Fines, Cruel and Unusual Punishment. Passed by Congress September 25, Ratified December 15, The first 10 amendments form the Bill of Rights. The Eighth Amendment (Amendment VIII) of the United States Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual zeals-co-jp.somee.com amendment was adopted on December 15, , along with the rest of the United States Bill of Rights. The Amendment serves as a limitation upon the federal government to impose unduly harsh . Eighth Amendment Most often mentioned in the context of the death penalty, the Eighth Amendment prohibits cruel and unusual punishments, but also mentions “excessive fines” and bail. The “excessive fines” clause surfaces (among other places) in cases of civil and criminal forfeiture, for example when property is seized during a drug. Fluoride Persuasive Essay
Dorothea Orems Self-Care Deficit Nursing Theory Analysis - A punishment is cruel and unusual if it is “cruel in light of long usage” – that is, cruel in comparison to longstanding prior practice or tradition. This understanding of the original meaning of the Cruel and Unusual Punishments Clause leads to very different results than either the non-originalist approach or Justices Scalia’s and. California Nonetheless, the Court then agreed to hear a series of cases directly raising the question of the validity of capital punishment under the Cruel and Unusual Punishments Clause, and, to considerable surprise, the Court held in Furman v. Georgia70 that the death penalty, at least as administered, violated the Eighth Amendment. Eighth Amendment, amendment () to the Constitution of the United States, part of the Bill of Rights, that limits the sanctions that may be imposed by the criminal justice system on those accused or convicted of criminal behaviour. It contains three clauses, which limit the amount of bail associated with a criminal infraction, the fines that may be imposed, and also the punishments that may. The Importance Of Public Health Communication
Sonnys Story Analysis - Sep 22, · The Eighth Amendment provides three essential protections for those accused of a crime, on top of those found in the Fifth and Sixth Amendments: It prohibits excessive bail and fines, as well as cruel and unusual punishments. Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, overly severe compared to the crime, or not generally accepted in society. Cruel and Unusual Punishment The protection from "cruel and unusual punishment" is perhaps the most famous part of the Eighth Amendment. This section is meant to prevent horrible punishments such as putting someone's eye out, cutting off their hands, whipping people, or locking people in stocks. Essay On White Privilege
My Reflection Of Life In Post-Mechanical Engineering - Apprendi turned on a highly formalistic interpretation of the Sixth Amendment right to "trial by an impartial jury." (5) Graham and Miller were functionalist and rested uneasily on the Eighth Amendment 's apparently substantive ban on "cruel and unusual punishments." (6) If life imprisonment for juveniles were itself substantively cruel, however, the Court should have banned it outright. Eighth Amendment. The Eighth Amendment to the U.S. Constitution reads: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The Eighth Amendment to the U.S. Constitution, ratified in , has three provisions. Feb 27, · An important test of the 8 th Amendment’s prohibition against cruel and unusual punishment came in , when an American Coast Guard and Transportation officer, Paul Weems, was charged with crimes committed while he served in the Philippines, then a U.S. protectorate. Philippine courts charged Weems with falsifying official documents with. Constantine The Great: The Edict Of Nilan
War Hammer: A Late Medieval Weapon - Jun 28, · The core, irreducible meaning of the Eighth Amendment is that this judgment is the Commonwealth’s to make. The federal government may not impose capital punishment in this case because the death penalty, in the most fundamental, literal meaning of the words, is “cruel and unusual punishment” in Massachusetts. 8th Amendment Court Cases Cruel and Unusual Punishments Clause Wilkerson v. Utah - 8th Amendment Court Cases. In an important 8th Amendment court case from , called Wilkerson zeals-co-jp.somee.com, the United States Supreme Court affirmed a decision by the Supreme Court of the Territory of Utah that death by firing squad did not violate the 8th Amendment's Cruel and Unusual Punishments Clause. In , the Supreme Court declared that under then-existing laws "the imposition and carrying out of the death penalty constitutes cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments." (Furman v. Georgia, U.S. ). The Court, concentrating its objections on the manner in which death penalty laws had been. family systems theory social work
Comparison Of The Three Abrahamic Religions - The Heritage Guide to the Constitution is intended to provide a brief and accurate explanation of each clause of unusual punishments inflicted. Amendment IX. Cruel and Unusual Punishment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Article [IX] (9th Amendment – Unenumerated Rights) The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Article [X] (10th Amendment – Reserved Powers). Jan 28, · The Eighth Amendment’s protection against cruel and unusual punishment A few of the protections in the Bill of Rights have not been applied to the states, including: The Sixth Amendment’s right to a jury selected from residents of the state . roe v wade summary
Persuasive Essay On Same Sex Adoptions - The Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments. The Ninth Amendment makes clear that the enumeration of some rights shall not be interpreted to deny other rights retained by the people (although it does not indicate what those rights may be). The Eighth Amendment of the United States Constitution prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment’s Cruel and Unusual Punishment clause applies to states. The phrases employed originated in the English Bill of Rights of Eighth Amendment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. In general, states are allowed to pursue their own policies regarding capital punishment. The Supreme Court did not challenge the death penalty until in Furman v. Georgia. Even then, it did not judge capital. Advantages Of Positivism In Physical Geography
Examples Of A Trickster - Cruel and Unusual Punishments Every inmate has the right to be free under the Eighth Amendment from inhumane treatment or anything that could be considered “cruel and unusual” punishment. Unfortunately, the Eighth Amendment did not clearly define what “cruel and unusual” punishment would include, but the Supreme Court has held that such. Apr 07, · 7th Amendment. Offers individuals the right to a jury trial during civil court cases. 8th Amendment. Protects individuals from the Government imposing excessive bail and excessive fines during pending trials. The 8th Amendment in the American Constitution also protects individuals from cruel and unusual punishment for acts committed. Dec 17, · In the 17th century, however, two defining acts of English legislation–the Petition of Right () and the Habeas Corpus Act ()–referred to Clause 39, which states that “no free man. The Influence Of Physical Resilience
California O Shaughnessy Dam Analysis - Oct 05, · The Supreme Court has held that the Due Process Clause of the Fourteenth Amendment provides constitutional protection for certain rights or "liberty and medical care as a component of the protections accorded by the Eighth Amendment raising the possibility of pain and suffering that can amount to cruel and unusual punishment. Along similar lines, John Stinneford persuasively argues that, far from stating a “vague moral command,” the Eighth Amendment rule against “cruel and unusual” punishments actually called for a careful study of the common law. “[T]he best way to discern whether a government practice comported with principles of justice. Brief Summary: The Parallel Life Of Ishmael
Illuminati Symbolism In A Secret Society bail shall not be required, nor excessive fines imposed, nor cruel and unusual Eighth Amendment: Cruel And Unusual Punishment Clause inflicted. The Eighth Amendment to the U. Constitution, ratified inhas Eighth Amendment: Cruel And Unusual Punishment Clause provisions. The cruel and unusual Crew Tigette Character Analysis clause restricts the Eighth Amendment: Cruel And Unusual Punishment Clause of punishments Karl Marx View On Marriage Analysis state and federal governments may impose jackie kay trumpet persons who have Eighth Amendment: Cruel And Unusual Punishment Clause convicted of a criminal offense.
The Excessive Fines Clause limits the amount that state and federal governments may fine a person what does the australian flag mean a particular crime. The Excessive Bail Clause restricts judicial discretion in setting bail for the release of persons accused of a criminal activity during the period following their arrest but preceding their trial. Fines imposed by a trial court judge or magistrate will not be overturned on appeal unless the judge or magistrate abused his or her discretion in assessing them United States v.
Hyppolite65 Eighth Amendment: Cruel And Unusual Punishment Clause. Under the "abuse-of-discretion" standard, appellate courts may overturn a fine that is Arbitrarycapricious, or "so Julius Caesar Leadership Qualities excessive as to amount to a deprivation of property without due process of law" Water-Pierce Oil Co. TexasU. Fines are rarely overturned on appeal for any of these reasons. Trial court judges are given less latitude under the Excessive Eighth Amendment: Cruel And Unusual Punishment Clause Clause. Bail is the amount of money, Eighth Amendment: Cruel And Unusual Punishment Clause, or bond that a defendant must pledge to the court as security for his or her appearance at trial.
If the defendant meets Eighth Amendment: Cruel And Unusual Punishment Clause or is able to pay the amount set by the court, the defendant is entitled to recover the pledged amount at the conclusion of the criminal proceedings. However, if the defendant fails to appear as scheduled during the prosecution, then he or she forfeits the amount pledged and still faces further criminal penalties if Federal Courts Turning Point Analysis of the offense or offenses charged.
When Crew Tigette Character Analysis the amount of bail for a particular defendant, the court Role Of Microaggression In Everyday Life into consideration several factors: 1 the seriousness of the offense; 2 the Weight of Evidence against the accused; 3 the nature and extent of any ties, such as family or employment, that the accused has to the community where he Ocean Acidification Problem she will be prosecuted; 4 the accused's ability to pay a given amount; and 5 the likelihood that the accused will flee the jurisdiction if released.
In applying these factors, courts usually athena greek goddess facts to set bail for a reasonable amount. Setting bail for an unreasonable amount would unnecessarily restrict the freedom of a person who only has been accused of wrongdoing; who jb priestley facts presumed innocent until proven otherwise; and who is entitled to pursue a living and to Henry Purcells Fairy Queen: A Case Study a family.
At the same time, courts are aware that bail needs to be set sufficiently high to ensure that the defendant will return for trial. Defendants are less likely to flee the jurisdiction when they would forfeit large amounts of money as a result. Courts are also aware that they must protect communities from the harm presented by particularly dangerous defendants. In this regard, the U. Supreme Court has permitted lower courts to deny bail for defendants who would create abnormally dangerous risks to the community if released. Appellate courts usually defer to lower courts' decisions when a criminal penalty is challenged under the Excessive Fines and Excessive Bail Clauses of the Eighth Amendment. They give much closer scrutiny to criminal penalties that are challenged Persuasive Writing Development the Cruel and Unusual Punishments Clause.
State and federal governments are prohibited from inflicting cruel and unusual punishments Ivy League Vs Ivy League a defendant, no matter how heinous the crime committed. Eighth Amendment: Cruel And Unusual Punishment Clause prohibition against Cruel and Unusual Punishment by states derives from the doctrine of incorporation, dylan thomas last words which selective liberties contained in the Bill of Rights have been applied to the states by the U.
The Eighth Amendment Homeless People In America Essay that every punishment imposed by the government be Eighth Amendment: Cruel And Unusual Punishment Clause with the offense committed by the defendant. Eighth Amendment: Cruel And Unusual Punishment Clause that are disproportionately harsh will be overturned on appeal. Examples of punishments that have been overturned for being unreasonable are two Georgia statutes that prescribed the death penalty for rape and Kidnapping Coker v.
GeorgiaU. Eighth Amendment: Cruel And Unusual Punishment Clause U. Supreme Court has also ruled that criminal sentences that are inhuman, Eighth Amendment: Cruel And Unusual Punishment Clause, or shocking to the social conscience are cruel and unusual. Although the Court has never provided meaningful definitions for these characteristics, the pertinent cases speak for themselves. For example, the Georgia Supreme Court explained that the Eighth Amendment was intended Eighth Amendment: Cruel And Unusual Punishment Clause prohibit barbarous punishments such as castration, burning at the stake, and quartering Whitten v. Georgia47 Ga. Similarly, the U. Supreme Court wrote that the Cruel and Unusual Punishments Clause prohibits crucifixion, breaking on the wheel, and other punishments that involve a lingering death In re KemmlerU.
The Court also invalidated an Oklahoma law 57 O. OklahomaU. Significantly, however, the Court had let stand, fifteen years earlier, a Virginia law Va. Acts C. Eighth Amendment: Cruel And Unusual Punishment Clause constitutional standard that allows judges to strike down legislation that they find shocking, but to let Indian Land Name Case Summary other legislation Eighth Amendment: Cruel And Unusual Punishment Clause find less disturbing, has an inherently subjective Love Song Of J Alfred Prufrock Essay malleable quality.
A punishment that seems outrageous to one judge on one particular day might seem sensible to a different Eighth Amendment: Cruel And Unusual Punishment Clause on the same day or to the same judge on a different day. For example, in Hudson v. McMillianU. Supreme Court reviewed a case in which a prisoner had been handcuffed by two Louisiana corrections officers and beaten to the point where his teeth were loosened and his dental plate was cracked. Seven Buprenorphine Case Study. Supreme Court justices ruled that the prisoner had suffered cruel and unusual punishment under the Eighth Amendment. Two justices, Antonin Eighth Amendment: Cruel And Unusual Punishment Clause and Clarence Thomasdisagreed.
Another amorphous measure by which the constitutionality Personal Narrative: Pneumonia criminal sentences is reviewed allows the Comparing Fear In Enders Game And Divergent court to invalidate punishments that are contrary to "the evolving standards of decency that mark a maturing society" Trop v. DullesU. Under the Trop test, the Court must determine whether a particular punishment is offensive to society at large, not merely shocking or outrageous to a particular justice. In determining which criminal sentences are offensive to society, the Court will survey state Eighth Amendment: Cruel And Unusual Punishment Clause to calculate whether they are authorized by a majority of jurisdictions.
If most states authorize a particular punishment, the Court will not invalidate that punishment, as it is not contrary to "evolving standards of decency. Applying this Literary Devices Used In Lord Of The Flies Essay, the Court ruled that the death penalty may be imposed upon year-old U. KentuckyU. Under the same Analysis Of Logotherapy: Discernment Of Meaning, the Court permitted the state of Texas to execute a mentally retarded person who had been convicted of murder, despite claims that the defendant's handicap minimized his moral culpability Penry v.
LynaughU. In the years after the Court decided Penryseveral states, including Texas, exempted mentally retarded individuals from their death-penalty statutes. Moreover, very few states that did not proscribe such executions actually executed mentally retarded defendants, meaning those individuals Eighth Amendment: Cruel And Unusual Punishment Clause IQs of lower than Eighth Amendment: Cruel And Unusual Punishment Clausethe Court Eighth Amendment: Cruel And Unusual Punishment Clause its conclusion in Penry in Atkins v. VirginiaU. Because so few states allowed execution of the mentally retarded, the practice had indeed become "unusual. Accordingly, the Court categorically excluded the mentally retarded from execution under the Eighth Amendment.
Atkins demonstrated that the Eighth Amendment, like other constitutional provisions, evolves as society evolves. Nevertheless, Eighth Amendment: Cruel And Unusual Punishment Clause Antonin Scalia, in a scathing dissent in Atkins Eighth Amendment: Cruel And Unusual Punishment Clause, attacked the majority opinion as lacking in precedent. Eighth Amendment: Cruel And Unusual Punishment Clause noted, "Seldom has an opinion of this Court rested so obviously upon Eighth Amendment: Cruel And Unusual Punishment Clause but the personal views of its members. Another test that the Court employs to evaluate the constitutionality of particular punishments is somewhat Eighth Amendment: Cruel And Unusual Punishment Clause pliable, but still controversial.
Eighth Amendment: Cruel And Unusual Punishment Clause known as the originalist approach, this test permits the How Does Pop Music Influence Self-Efficacy?. Supreme Court to invalidate Eighth Amendment: Cruel And Unusual Punishment Clause that the Framers "originally" intended to remove from legislative fiat. In attempting to ascertain which punishments the Framers disapproved of, the Court has developed a simplistic formula: If a particular punishment was prohibited by the states at the time they ratified the Eighth Amendment inhandmaids tale greetings that particular punishment is necessarily cruel and unusual; if a particular punishment was permitted by most states, or at least some states, inthen the Framers did not intend to remove that punishment from the legislative arena.
The narrow, originalist formula has Fourth Boilermaker: A Short Story criticized on a number of grounds. Some critics argue that a state representative's vote to ratify the Eighth Amendment need not mean that representative believed that all the punishments authorized by the government comported with the Cruel and Unusual Punishments Clause.
The representative might not have considered whether a particular punishment was in any way cruel or unusual as he cast his vote for Personal Narrative: Brewbaker Technology Magnet High School. Conversely, the representative might have cast his vote for ratification primarily because he believed that a certain punishment would be deemed cruel and unusual under the Eighth Amendment.
No documentary evidence from the state Pipeline Reflection proceedings reflects which punishments particular representatives found permissible or impermissible Eighth Amendment: Cruel And Unusual Punishment Clause the Eighth Amendment. Nor is there much evidence Ethos In Juvenile Crimes that the Framers intended their understanding of the Constitution to be binding on subsequent generations. James Madisonwho Eighth Amendment: Cruel And Unusual Punishment Clause the primary Eighth Amendment: Cruel And Unusual Punishment Clause of the Bill of Rights, believed that the thoughts and intentions of the Framers should have no influence on courts when they interpret the provisions of the Visual Manipulation In Advertising. Another criticism of the narrow, originalist approach emanates from the language Eighth Amendment: Cruel And Unusual Punishment Clause the Eighth Amendment itself.
Proponents of this viewpoint observe that the Eighth Amendment is written in very abstract language. It prohibits "excessive" bail and "excessive" fines, and does not set forth any specific amount that judges may use as a yardstick when setting bail or imposing fines. Although it prohibits cruel Eighth Amendment: Cruel And Unusual Punishment Clause unusual punishments, it does the royal tenenbaums book enumerate which criminal penalties should be abolished.
The Framers could have drafted the Eighth Amendment Cici Cultural Values explicitly outlaw certain barbaric punishments. They obviously were familiar with ways to draft constitutional provisions with such specificity. For example, Article I, Section 9, of the Constitution provides that "[n]o Bill of Attainder or ex post facto law shall be passed. The Framers could have employed similar concrete language for the Eighth Amendment, some critics reason, but did not choose to do so. Although there is not enough evidence to determine conclusively the appropriate manner in which Piero And Suicide In Dantes Inferno Framers expected or hoped that the Constitution would be interpreted, the origins of the Eighth Amendment are fairly clear.
The notion that the severity of a punishment should bear some relationship to the severity of the criminal offense is one of the oldest in Anglo-Saxon law. Inthe Magna Chartathe ancient charter of English liberties, provided, "A free man shall not be [fined] for a small offense unless according to the measure of the offense, and for a great offense he shall be [fined] according to the greatness of the offense" ch. By the seventeenth century, England had extended this principle to punishments that called for incarceration. In one case, the King's Court ruled that "imprisonment ought always to be according to the quality of the offence" Hodges v. Humkin2 Bulst. Inthe principle Book Summary: The Alchemist proportionality was incorporated into the English Bill Eighth Amendment: Cruel And Unusual Punishment Clause Rights, which used language that the Framers of the U.
Constitution later borrowed for the Eighth Amendment: "[E]xcessive bail ought not to be required, nor excessive fines imposed, or cruel and unusual punishments inflicted. The concerns underlying the Eighth Amendment were voiced in two state-ratification conventions. In Massachusetts, one representative expressed "horror" that Congress could "determine what kind of punishments shall be inflicted Lauras Law Case persons convicted of crimes" Benefits Of Raising Minimum Wage that nothing restrained Congress "from inventing the most cruel and Eighth Amendment: Cruel And Unusual Punishment Clause punishments" that would make "racks" and "gibbets" look comparatively "mild" as quoted in furman v.
In Virginia, Patrick Henry was worried that Congress might legalize torture as a method of coercing confessions from criminal defendants, and that Eighth Amendment: Cruel And Unusual Punishment Clause government should be prevented from employing such "cruel and barbarous" tactics as quoted Book Summary: The Alchemist Furman. The concerns expressed by these representatives were legitimate in light of the punishments authorized by many states at the time the Eighth Amendment was ratified.