ipl-logo

Essay On 8th Amendment

900 Words4 Pages

8TH Amendment The 8th Amendment was formed to ensure that punishment for a crime was not cruel or unusual. It also has a clause for those with mental illness so that they will not face the death penalty for committing a crime that a sane person would commit. And those under the age of 18 would not face the death penalty. Since the 8th Amendment was attached to the Bill of Rights in 1791 it has taken on a different meaning for the accused of breaking the law and prisoner of today. In this paper we will look at several cases in which the 8th Amendment has been used in my opinion unethically to justify everything from gender reassignment surgery to claiming that one was mentally insane in order to get out of facing the death penalty. Excessive Bail The 8th Amendment was written to protect against excessive bail, excessive fines, and the infliction of cruel and unusual punishment on someone accused of a crime (n.a., 2015). Bail varies from state to state; In the case below we see how a person accused of domestic assault is given what he believe is unfair bail and the court opinion of his claim. “Fields v. Henry County, Tennessee, 2012 WL 6097334 (6th Cir. December 10, 2012) Fields was charged with domestic assault. After he surrendered, the County Sheriff held him for 12 hours and then released him on $5,000 bond pursuant to a bail schedule. The …show more content…

There are a number of cases that have been filed by prison inmates for Cruel and Unusual Punishment that are again in my opinion totally unethical. The cases that are most disturbing are those brought by individuals who want to have sex reassignment surgery. Tax payer should not be responsible for a personal choice. If there is a need for counseling that is great, do it. But when it comes to providing hormone therapy or clothing for a gender that an inmate is not born but relates himself/herself with, is going a bit too

Show More
Related

8th Amendment Case Summary

57 Words | 1 Pages

The Supreme Court ordered that such “deliberate indifference” to an inmate 's “serious medical needs” was a violation of that inmate 's Eighth Amendment right to be free from cruel and unusual punishment. This case guaranteed three basic rights: the right to access to care, the right to care that is ordered, and the right to professional medical judgment.

Read More

Eighth Amendment: Cruel And Unusual Punishment Clause

575 Words | 3 Pages

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.

Read More

Estelle V. Gamble Case Study

375 Words | 2 Pages

In that case, the Supreme Court held that prison staff (whether doctors or officers or any others) violated the Eighth Amendment if they were deliberately indifferent to the serious medical needs of prisoners.

Read More

Essay On The 13th Amendment

937 Words | 4 Pages

Before, during, and long after the Civil War blacks were discriminated against in almost every form of life. They had to fight and be patient to be accepted as equals among their white counterparts; this process took form over a long period of time, and after many failures, blacks were truly equal in the eyes of the government. The thirteenth, fourteenth, and fifteenth amendments which were passed in the late 1860’s were supposed to bring political, social, and economic equality for the blacks; however, this was not the case, while in some facets of life blacks obtained more freedoms they had to wait many years after these amendments were passed to be fully equal to whites. The thirteenth amendment abolished slavery in the United States.

Read More

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.

Read More

8th Amendment Research Paper

1449 Words | 6 Pages

Passed on September 25, 1789 and ratified on December 15, 1791 by Congress, the eighth amendment has been present in the United States for quite some time. Over time, the amendment has morphed and interpreted differently. In the Constitution it states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. In the 1990s, individuals referenced the eighth amendment when discussing capital punishment or the death penalty. Death sentences were most frequent during the 1900s, resulting in some individuals declaring that it went against the amendment (Source A).

Read More

The Pros And Cons Of Prison Incarceration

906 Words | 4 Pages

The Supreme Court found the denial of medical care to prisoners incompatible with evolving standards of decency and running afoul of the Eighth Amendment, which prohibits cruel and unusual punishment. The Court imposed the obligation of providing adequate medical care on prisons because “[a]n inmate must rely on prison authorities to treat his medical needs; if the authorities fail to do so, those needs will not be met.” To deny such care could result in pain and suffering. The Court concluded that the Eighth Amendment is violated when corrections officials display “deliberate indifference” to an inmate’s medical needs. Deliberate indifference is the conscious or reckless disregard of the consequences of one’s acts or

Read More

Essay On 28th Amendment

504 Words | 3 Pages

Far too long in this great country of ours have the big corporations taken advantage of the people at the bottom. Unfortunately, because of our laissez-faire oriented feelings this leaves millions of Americans who need to rely on government programs in order to survive. With this in mind the 28th Amendment will tackle the problem of big corporations head on with as little government intervention as possible. This Amendment will be composed of three parts initially the first two focused completely on the corporations themselves while the last part will deal with the individual so that he/

Read More

Essay On The 14th Amendment

867 Words | 4 Pages

The Fourteenth Amendment (Amendment XIV) The amendments were put into place to protect the rights and civil liberties of all American citizens from the federal government. However, prior to the fourteenth amendment, there was no certainty with the constitution. The constitution did not state in a clear enough way who was protected under it and exactly what rights you had as an American Citizen. The 14th amendment was in response to the just passed thirteenth amendment, which ended slavery in all of the southern states.

Read More

Censorship Of The First Amendment Essay

865 Words | 4 Pages

Censorship of The First Amendment This paper will discuss how censorship denies citizens of the United States our full rights as delineated in the First Amendment. It will outline how and why the first amendment was created and included in the Constitution of the United States of America. This paper will also define censorship, discuss a select few legal cases surrounding freedom of speech and censorship as well as provide national and local examples of censorship.

Read More

The Sixth Amendment: The Ideas Of The Bill Of Rights

716 Words | 3 Pages

In 1787 the United States’ constitution was written, two years later the Bill of Rights was added. The Bill of Rights consists of ten amendments which were designed based on the American ideals to ensure that the federal government is not too powerful, and that it would protect the rights of the people or of the state. One of the most important amendments in the Bill of Rights is the sixth amendment which gives the people the right to enjoy a speedy trial when accused, and it allows the accused person to know the cause of accusation and who his accuser is. It clearly represents some of the American ideals such as: democracy, equality, and opportunity. The sixth amendment provides more requirements for a fair trial in criminal cases.

Read More

Essay On The 26th Amendment

521 Words | 3 Pages

The 26th amendment states “The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.” My opinion on the 26 amendment is that the voting age should be lowered to 16 instead of 18. I also believe the 2nd amendment should be change which also expresses “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Changing the 26th amendment could gradually increase society being safer. I feel the 26th amendment should be change because people of teenage years seem to know just as much about politics as much as older people.

Read More

Argumentative Essay On The Fourth Amendment

427 Words | 2 Pages

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated… We all know the fourth amendment. It's the amendment that guarantees our safety within our homes and our personal belongings. Yet, how much do you know about the fourth amendment? The fourth amendment is full of history, controversy, and discussion, even in modern day.

Read More

Essay On First Ten Amendments

462 Words | 2 Pages

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.

Read More

Argumentative Essay: The Second Amendment

685 Words | 3 Pages

The Second Amendment protects the right of people to keep and bear arms. This amendment was a controversial among different people in the government. It was between letting the people keep their weapons or to not let the people keep their weapons. This amendment was important to the framers of the Constitution because it provided the country with a well-regulated militia. The Second Amendment states "A well-regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed.

Read More

More about Essay On 8th Amendment

Open Document