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. There might be improstion to taking the 8th amendment out of the factor of basically killing someone for breaking the law. Yeah they might have broken the law but killing A person so brutally doesn’t seem fair. If the death penalty never existed then how much different would america even be? In supreme court they stated “The death penalty law isn’t violating the 8th amendment it is somewhat brought into decision “ . My only question is how does the death penalty not violate the 8th amendment? Today in the USA 36 states still use death penalties as punishment for commiting a crime such as murder or kidnapping and torture of a victim Little did people know after committing such crime they’d experience the same torture they put there victim in . China has the highest execution league table in the world alongside …show more content…
He had so much life to live until it was taken away from the cruel punishment of death penalty some people say he deserved it. That is an example of racial bias a 14 year old african american teen killed by death penalty due to a murder he committed of two young caucasianfemales but George was only 14. Supreme court says if your 15 and under you shouldn’t receive a death penalty because you are not seen as an adult unless your 18 or older 15 and under your still seen as a juvenile.Then why did George stinney get executed ? Is it far that kids have been getting killed by death penalty due to their actions. I believe if incarceration was ever imposed in that case then death would have never been the option for a child under the age of
He tried to flee, and while doing so tripped and fell. The gun that he carried went off and killed a resident of the home. He was eventually convicted of murder and sentenced to death. The question in this case is, “Is the imposition and carrying out of the death penalty in this case cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments?” Reasons for Majority
The main arguement that was used was the 17 year old was not mentally fit for trial nor was he mentally aware of the effects of the murder. Therefore if someone doesn’t even fully understand the crime that they commited how could they be senteced to death for that crime. That I would consider to be a curel and unusual
The use of midazolam does not violate the 8th amendment. There have only been a few cases that have failed, and we have improved our strategy. Even if the execution takes more than the estimated amount of time, there is not a substantial amount of pain that would be consisered as cruel and unusual punishment. In addition, those being given capital punishment are deprived of life for taking away the lives of others. Opinion of the Court (Justice Samuel A Alito Jr.)
On November 21, 1973, Troy Leon Gregg and his companion robbed and murdered Fred Edward Simmons and Bob Durwood Moore, two innocent people who were giving them rides. Gregg was convicted for his actions and was given the death penalty. He argued that the sentence was violating his eighth amendment which is “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (U.S. Const. amend. VIII.)
And while standing before the Supreme Court on January 17th, 1972, he persistently argued that the death penalty in the state of Georgia did, in fact, violate the United States Constitution. Amsterdam stated how the 8th Amendment discusses that the government is not allowed to constitute cruel and unusual punishment
I think that Amendment Eight is important because you have the right to bail, which is very useful in some cases and because if you do something that isn 't even that bad you will just probably get a warning and before this amendment you would probably get put in jail. It states on https://www.google.com/gws_rd=ssl#q=amendment+8+definition, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This supports my answer because it says that that we now have the right to bail and we are free from cruel and unusual
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 District Court of Appeal of Florida disagreed. It held that Graham’s sentence neither was a facial violation of the Eighth Amendment nor constituted cruel and unusual punishment. The Supreme Court ruled in June 2012 that juveniles convicted of murder cannot be subject to a mandatory sentence of life imprisonment without the possibility of
But are we in the future to be prevented from inflicting these punishments because they are cruel? If a more lenient mode of correcting vice and deterring others from the commission of it would be invented, it would be very prudent in the Legislature to adopt it; but until we have some security that this will be done, we ought not to be restrained from making necessary laws by any declaration of this kind’ “ (Bomboy). In other words, Livermore was arguing that all citizens who commit horrible crime do deserve severe punishments for the crimes that they commit, and until the government figures out a way to place restrictions and guidelines on the penalties that we believe are morally proper to give, then they cannot hold back from reprimanding those citizens. Consequently, The Founding Fathers created the Eighth Amendment to be intended for further generations to interpret the meaning of “cruel” and “unusual” over time (Donnell). The amendment was then ratified in 1791 nevertheless, the Eighth Amendment and the death penalty is still highly debated today because the differences in interpretations
The 8th Amendment of the Constitution states that no one should receive any "cruel and unusual punishments" for the crimes they have commited. The death penalty is a violation of the 8th amendment, and should be banished from the USA as it is an unreasonable and extreme punishment that is unnecessary and avoidable. The death penalty is inhumane, irreversible, and much more expensive compared to a non-death penalty case. Currently, 27 states are still using the death penalty and many of these states are either Midwest or South. Methods such as lethal injection, electric chair, hanging, gas chambers, and firing squad are used to execute these inmates.
The eighth amendment is a protection for American citizens against “cruel and unusual punishment” and “excessive bail”. Roper v Simmons also violates the fourteenth amendment which addresses rights and citizenship, this became another hurdle in the case. The fourteenth amendment states “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws” , in Roper v Simmons the Missouri Supreme Court was close to depriving Christopher Simmons of his life. Since Roper V Simmons states have reevaluated their minimum age for death penalty, 30 states do not even have a death penalty or capital punishment anymore. Cornell Law has also argued that because of Simmons’s age he was mentally incompetent, at the age at 17 Simmons is not eligible to “drink, serve on juries or even see certain movies…” , this was very intimidating and scary to Simmons’s prosecutor.
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
This was used as a precedent. Any minor that has committed a crime should still have their rights. An adult knows exactly what they are getting into. That is why when it comes to homicide of an adult this precedent does not apply the same way. The court’s decision decided that it is a cruel and unusual punishment that forbids the mandatory sentencing of life in prison without the possibility of parole for juvenile homicide offenders.
Amnesty International announced that in all 34 states continue to allow the death penalty as punishment for hinges crimes. America is the fifth highest number of prisoners in the world and 13 out of 43 executions took place in