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Eight Amendment Pros And Cons

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The Eighth Amendment of the Constitution prohibits cruel and unusual punishment, stating “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Although the Eighth Amendment is typically used in relation to the discussion of the death penalty or the evaluation of a long prison sentence for a nonviolent crime, in 2011 the Supreme Court used the cruel and unusual punishment portion of the amendment to assess Brown v. Plata, a case which determined whether or not the Eighth Amendment protection is violated if prisoners are deprived of basic sustenance. In the case of Brown v. Plata, 46,000 prisoners were to be released from a federal correction facility as a result of unprecedented overcrowding within a …show more content…

In addition to the narrowly drawn remedy, the PLRA also issues that remedies must embody the “least intrusive means necessary to correct the violation of the Federal right meaning that no other relief is available.” The PLRA requires courts to seriously consider adverse impacts on items such as public safety or the general operation of the criminal justice system when determining the mode of relief. For example, in this case, the release of 46,000 prisoners could place citizens in danger. The placement of indicted criminals, who were, according to their sentence, supposed to remain within the prison system, back into society could be detrimental and result in safety issues. Additionally, the release of such prisoners could impact the operation or general integrity of the criminal justice system. Although this reading of the PLRA limits the circumstances by which the court could issue structural injunctions to remedy allegedly unconstitutional prison conditions, it does not eliminate such injunctions entirely, but rather regulates them for appropriate

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Bell V. Wolfish Case Study

77 Words | 1 Pages

In Bell v. Wolfish, the Supreme Court had to determine if violations of the eight amendments had occurred under the “punitive intent standard” which distinguishes between incarceration and detainment. The court also had to determine if any violations of the eighth amendment had occurred which resulted in cruel and unusual punishment being inflicted upon the inmates who were primarily housed as pretrial detainees. The case alleged that within a new constructed federal jail in New York City

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19th Amendment Pros And Cons

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Nowhere in the Constitution does it state that women are citizens. Women have never been legally declared persons in this country, not by the Founding Fathers, not by the Constitution, not by the Supreme Court. The Fifteenth Amendment guarantees to right to vote to all U.S. citizens, whatever their race, whether they had been born free or born a slave, but it didn’t include women the right to vote. Women fought along for the abolition of slavery. When the battle was won, black men got the right to vote.

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Pros And Cons Of The Tenth Amendment

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"To make all Laws which shall be necessary and proper for carrying into Execution the [enumerated] Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." (Article I, Section 8, Clause 18). The Constitution is by far the most important document in our country's history. It provides rules and restrictions for the government and the power it can hold. It ensures the stability for our country’s survival.

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Pros And Cons Of The 8th Amendment

1186 Words | 5 Pages

Executive summary unit lll The Eighth Amendment to the United States Constitution is a part of the United States Bill of Rights that prohibits the federal government from imposing excessive bail, excessive fines, and cruel and unusual punishments. This amendment was added to the Constitution as a result of the abuses suffered by American colonists under British rule, where the government had the power to impose cruel and unusual punishments. The Eighth Amendment was added to the Constitution in 1791, along with nine other amendments known as the Bill of Rights. The amendment was necessary to protect the basic human rights of individuals in the criminal justice system and to prevent the government from imposing excessive and unjust punishments.

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The Pros And Cons Of Amendments

227 Words | 1 Pages

Amendments protect our rights, some Amendments are added to fix other amendments that were unclear or not proposed correctly they are minor changes or adjustment to a document. Some amendments in the constitution repeal others that they had to change for a variety of reasons it was causing to many problems, misunderstandings etc. The 18th and the 21st amendment in this case do. The 18th amendment was a national prohibition it prohibited the production, sale, and transport of "intoxicating liquors", the 21st amendment repealed the 18th amendment but changed transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws and was prohibited.

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The Pros And Cons Of The United States Constitution

705 Words | 3 Pages

The government of the United States of America had its infrastructure set in stone in the span of the year 1787 (National Constitution Center, n.d.) when this country’s founding fathers put their futures into their own hands and laid down various ground rules for the government to follow by constructing the United States Constitution. Among the words written in the U.S. Constitution, Articles I, II, and III records the given powers of the United States Congress, President, and the three branches of the national government, Legislative, Executive, and Judicial. These rules give many abilities to these parts of the government, but there are also restrictions given to them as well. Through the United States Constitution, the Congress is given

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24th Amendment Pros And Cons

948 Words | 4 Pages

The 24th Amendment Fails the People The 24th amendment of the constitution to the United States of America needs to be changed. As of 2016, the 24th amendment states that in any federal election, poll taxes are not allowed to be given. The 24th Amendment should state that in all elections no one is allowed to receive a poll tax because the constitution states that anyone over the age of 18 can vote, no matter what, and it is technically against the 14th amendment to have anyone's rights from the constitution taken away.

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Meaning And Purpose Of The 8th Amendment

384 Words | 2 Pages

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.

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19th Amendment Pros And Cons

1488 Words | 6 Pages

The ERA Must Be In Our Constitution “Aunt Alexandra’s vision of my deportment involved playing with small stoves, tea sets, and wearing the Add-A-Pearl necklace she gave me when I was born,” (Lee 92-93). In this quote from To Kill A Mockingbird, Aunt Alexandra is telling Scout that she must grow up and act like a proper lady. She believes that girls are supposed to play with tea sets and jewelry and not wear overalls, and she believes that women are supposed to be sophisticated and proper, and not do things men do. The ideas have been ingrained in her because it is the built-in misogyny that many people were raised around. It was always believed that women did not deserve the rights that men do and that they did not deserve to work or make

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Death Penalty Violate The 8th Amendment Essay

700 Words | 3 Pages

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.

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Public Shaming In The Scarlet Letter Essay

966 Words | 4 Pages

By using public shaming, judges can also avoid the costly effects of imprisonment. Through public shaming, offenders can avoid the harsh conditions of imprisonment. Offenders face harassment, torture, and a mark on their record while spending time in prison. Against the eighth amendment, judges allow cruel and unusual punishments towards offenders. Judges have the right to decide on any form of punishment towards an offender.

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Constitutional Amendment Pros And Cons

869 Words | 4 Pages

The constitutional amendment grants each individual who has been a victim of a crime has a right to see their defendant to be imprisoned for a period of longer than one year; the defendant might be imprisoned for more than one year. The individual can be a victim of any other crime such as violence; following rights: (Reword this look at this before https://www.congress.gov/bill/106th-congress/house-joint-resolution/64) • To the reasonable notice, not be excluded from, any public records or proceedings linking to crime, • Submit the statement of all public proceedings to find out the conditional release from the custody, acceptance of negotiated plea, non-public release on parole proceedings, these rights are given to convicted offender, • To equitable notice of, an opportunity to acquiesce the statement concerning, and a proposed pardon and commutation of the sentence, • To reasonable notification of escape or release from the custody relating to any crime, • To consideration of a victim that trial can be free from an

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959 Words | 4 Pages

The Eighth Amendment of the U.S. Constitution states,”Excessive bail shall not be required, nor excessive fines imposed,

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142 Words | 1 Pages

Our class should study amendment number eight. The Eighth Amendment to the United States Constitution states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants, either as the price for obtaining pretrial release or as punishment for crime after conviction. (Constitutioncenter.org) states that, "The Cruel and Unusual Punishments Clause clearly prohibits cruel methods of punishment. " This means that if the federal government tried to bring back the rack, or thumbscrews, or gibbets as types of punishment, such efforts would violate the Eighth Amendment This amendment still

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466 Words | 2 Pages

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