8th Amendment Essay

Punishments for severe crimes around the world have been a subject of debate for many years. Different countries have varying views on what punishments are too extreme. The legality of certain forms of punishment is continually evolving in today's age. With the determination of constitutionality, a complex and evolving issue there are many debates around what constitutes cruel and unusual punishments. Despite ongoing controversies and discussions, punishments for serious crimes, including capital punishment, remain legal in some countries and continue to be imposed. Capital punishment is a highly debated issue, with questions surrounding its fairness and constitutionality under the Eighth Amendment due to the protections it provides and the

According to, the Eighth Amendment, the author suggests that, “Eighth Amendment to the Constitution of the United States ensures that bails, fines, and punishments be fair and humane. The amendment prohibits the federal government from imposing excessive punishments upon citizens found guilty in criminal cases.”(worldbookonline.com). This evidence shows that the Eighth Amendment of the US Constitution requires that punishments, fines, and bail set in criminal cases are reasonable and not overly harsh. The Eighth Amendment also prevents the government from using punishments that are cruel or unusual. This amendment guarantees that the rights of individuals in the criminal justice system are protected and that punishments fit the crime committed. Finally, this evidence shows the role of the Eighth Amendment in protecting the rights of individuals in the criminal justice system. It ensures that punishments, fines, and bail are reasonable and prevents the government from using cruel or unusual punishments. The negative and positive effects that have carried over to today are the ongoing struggle to ensure that the rights of individuals in the criminal justice system are fully protected, despite instances of excessive

According to, the Eighth Amendment, the author states that, “…decisive rejection of the attack in McGautha v. 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. Georgia that the death penalty, at least as administered, did violate the Eighth Amendment.”(findlaw.com). The evidence shows that although the Supreme Court rejected the questioning of capital punishment in McGautha v. California, it later reconsidered the issue in Furman v. Georgia and ruled that the death penalty violated the Eighth Amendment under cruel and unusual punishments. This highlights one of the major obstacles in death penalty cases, which is the constitutional challenge to the validity of capital punishment. The fact that the Supreme Court initially rejected the challenge in one case and then later reconsidered it in another case makes the issue complex. Finally, the evidence highlights a significant moment in the history of the United States Supreme Court's stance on the constitutionality of the death penalty. It shows how the Court has evolved in interpreting the Eighth Amendment's cruel and unusual punishments clause and this evolution has led to the abolition of the death penalty in some states and more