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A short summary on the 8th amendment
A short summary on the 8th amendment
The eighth amendment simbel
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More handpicked essays just for you.
A short summary on the 8th amendment
A short summary on the 8th amendment
The eighth amendment simbel
Don’t take our word for it - see why 10 million students trust us with their essay needs.
New York Times (NYT) column-writer, conversely a certified lawyer, Adam Liptak, in his article, “Supreme Court Rejects Alabama Death Row Inmate’s Appeal”, describes how a death-row inmate from Alabama requests death by a firing squad as opposed to lethal injection, that contains the sedative midazolam, for his death sentence, but was rejected by the Supreme Court of the United States. Liptak’s purpose is to demonstrate that the Supreme Court’s decision to reject the appeal may have been unconstitutional due to the means of execution by lethal injection causing “prolonged torture” rather than a quick death due to midazolam, which disputes the eighth amendment in the Bill of Rights, the first ten amendments of the U.S. Constitution. Liptak develops
Roper V Simmions, Falls under the 8th amendment cruel and unusual punishment. In Roper V Simmions there was a 17 year old boy with a mental disabitliy who commited a premediated murder was orginally being tried for the death penalty. In this case however there was another individual who did assist in the murder. He wasnt declared “mentally fit” for the trial but some felt his crimes were heneous enough to warrent the death penalty.
The Eighth Amendment (Amendment VIII) of the United States Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment. The U.S. Supreme Court has ruled that this amendment 's Cruel and Unusual Punishment Clause also applies to the states. The phrases in this amendment originated in the English Bill of Rights of 1689. This amendment was adopted on December 15, 1791, along with the rest of the United States Bill of Rights. To begin with, the Eighth Amendment was adopted, as part of the Bill of Rights, in 1791.
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.
The tenth amendment states all the federal powers and rights that are not stated in the Constitution are reserved for the States. The eleventh amendment adds that any U.S citizen can sue a state. Lastly, the twelfth amendment explains process of electing a President and
Upon reading the U.S. Constitution, Article I, Section 8 stood out for me. The reason being is that it was not contained in the Articles of Confederation. In Section 8, it says that Congress will have the power to impose and collect taxes. This was a step from the Articles of Confederation that they once followed. This was one of the many problems that they had.
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.
In the United States Constitution, rights of the accused are ensured in various places. The fifth and fourteenth amendment both contain a due process clause, which ensures that nobody can be denied liberty without due process of law. Some may use this clause to argue that refusing bail to people, thus keeping them in jail before being tried, is unconstitutional. Another way in which people could argue that denying bail to anybody violates the Constitution is through the eighth amendment, which prohibits excessive bail; in this case, the interpretation of “excessive bail” is not providing any opportunity for bail. Most other democracies guarantee rights of the accused similar to those provided in the United States Constitution, allowing for similar arguments to be made in other countries.
The Bill of Rights Chapter 2 of the Constitution paves a way for the protection for the individual from the power of government and the individual other. The two fundamental human rights to be discussed are; the freedom of expression and the freedom of privacy. Every individual qualifies for the rights/freedoms that are listed in the constitution, contrary to the given freedoms there are limitations by law. For as much as we are all entitled to fundamental human rights, we are all ought to be responsible when exercising our own rights and think of the other or next person who has the same rights/freedoms. The right to freedom of expression is limited and conditioned to where one could possibly harm other people.
The Bill of Rights represents the first ten amendments of the U.S Constitution. The First and Fourth amendment does protect the citizen privacy, however it does not regulate the choice of medical care. The Supreme Court has overruled the Obama care in which has made a decision of making every citizen must have health care or will be subject to a penalty on their annual tax and by 2016 the fine is $695 per adult or 2.5 percent of annual income whichever is greater. The Bill of Rights does not regulate the citizen of free exercise of health care nor the decision to suicidal.
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 First amendment to the US Constitution is known as the bill of rights. The bill of rights is a broad generalization of the freedoms guaranteed to US citizens, these rights include; freedom of speech, freedom or religion, right to bear arms and many more. The Texas Constitution also list outs these rights, except go into much more detail (Maxwell, Crain, & Jones, 2014). For example, in the US constitution, it states that we have the freedom to practice any religion we choose.
The founders of our country believed these rights so important, that they wrote them into the Constitution to prevent the government from becoming too strong. The Judiciary has the responsibility (Supreme Court) to ensure laws do not violate the Constitution, Each court must take into account the Bill of Rights when determining if a law is unconstitutional. While each amendment is very important we will only focus on the three aforementioned amendments, the First Amendment guarantees the freedom of religion, speech, press, the right to assemble and the right to petitioning the government for redress of grievances (Legal Information Institute 2015). The Fourth Amendment provides individuals with the right to be secure in their persons against unreasonable search and seizure (Legal Information Institute 2015). The Fifth Amendment stipulates that no person can be held for a crime unless indicted by a Grand Jury or be required to self-incriminate, and lastly cannot be deprived of life, liberty or property (Legal Information Institute 2015).
In addition, cruel and unusual punishment is cited in the Eighth Amendment along with 18 United States