Pros And Cons Under The 8th Amendment Essay - 1935 Words

Ismael Bernal Ms. Moreh Contemporary Composition, Period 4 6, May 2016 Pros and Cons under the 8th Amendment 1. Introduction The U.S. Constitutional Rights are laws that guarantee the basic rights for the citizens.There are twenty-seven Constitutional Amendments in total, but 10 of them represent The Bill of Rights. The Bill of Rights ensures the basic individual protections such as freedom of speech and religion. The Bill of Rights became part of the Constitution in December 15, 1791 by George Mason. In my opinion, the 8th amendment is important because this amendment gives people the right against excessive bail, fines, or cruel and unusual punishment. No citizen of the United States should be subjected to cruel or insane punishment, and they shouldn t have to pay a bail amount that is too excessive for the crime. This Amendment was added to the Bill of Rights to ensure greater stability and was a compromise between the legislature election in the original non-party elections and the new president. The Amendment’s Bail Clause is a result of injustices perpetrated in England, were judges often abused their power in determining whether bail should be allowed to suspects. After a number of unsuccessful attempts at reforming the law, the English Bill of Rights in 1689 specifically outlawed excessive bail. The U.S. supreme court s held in 1987 that the eighth Amendment s Bail Clause had only one meaning that bail conditions, when compared with the magnitude ofShow MoreRelated The Death Penalty Of Capital Punishment1480 Words   |  6 Pagesdeath as punishment for a heinous crime. On the contrary, others see the death penalty as a violation of the 8th amendment. It restricts excessive fines, and it also does not allow cruel and unusual punishment to be inflicted upon criminals. Although there have been many court cases discussing capital punishment, there is still much confusion regarding whether it violates the 8th amendment or not. Capital punishment is a very significant, and very controversial topic that has been around for a longRead MoreCapital Punishment And The Death Penalty1708 Words   |  7 Pagesthe death penalty travelled around the world, it became very popular in America leading to many Supreme Court cases and protests. Endlessly, people have argued their viewpoints about whether the death penalty is constitutional in relation to the 8th amendment which states no â€Å"cruel or unusual† punishment. Politicians from every state incl uding Harry Reid and Nancy Pelosi, have commented their personal views on the death penalty making it a very public dispute. Capital punishment is a very popular subjectRead MoreThe Argument For A Jury s Decision887 Words   |  4 Pagesaction would be a violation of the 7th Amendment. Finally, the 7th Amendment specifies that the jury has to be unanimous in civil cases (again, civil means when someone is seeking compensation for a monetary loss). The 6th Amendment, on the other hand, notes that in criminal cases, unanimous decisions are not necessary except in cases where the person receives the death penalty. Likewise, the Court has ruled that civil trials involving patents do not fall under common law, and so they cannot be triedRead MoreEssay on Why the Federal Government Must Abolish the Death Penalty1277 Words   |  6 Pagesgovernment has an obligation to make just laws. Currently, US laws allow for the death penalty for certain heinous crimes. The supporters argue that the 5th Amendment, which guarantees that no one shall be deprived of life, liberty, or property, without due process of law,† implies that depriving someone of his or her life is permissible under the constitution as long as there is due process. However, there are several reasons why the federal government must abolish the death penalty - it weakensRead MoreDiscussing the Death Penalty1472 Words   |  6 Pagesit as a choice. Why is this debate important? Well as U.S. citizens we need to make a decision of what is the best way to deal with criminals. Is it better to execute these criminals or incarcerate them ? This paper will discuss the considered pros and cons of the death penalty and what my view is, on this topic. Proponents of the death penalty have the belief that a criminal should be killed for what he or she has done. They believe that it is moral because it creates a feeling of justice. CarolRead MoreEssay about Three Strikes Law1352 Words   |  6 Pagesthe seriousness of the prior felonies. Under our system of criminal justice, the punishment must fit the crime. Individuals should not be executed for burglarizing a house nor incarcerated for life for committing relatively minor offenses, even when they commit several of them. This principle, known as proportionality, is expressed in the Eighth Amendment to the Bill of Rights. Is this a violation of the 8th Amendment to the Constitution? The 8th Amendment of the Constitution prohibits the useRead MoreThe Legal Drinking Age Should Be Lowered1732 Words   |  7 PagesEra that began in 1919, there wasn’t a minimum alcohol purchasing or possession age. During prohibition which was established by the 18th amendment, no one was al lowed to consume, sell or make alcohol, but people were allowed to make their own personal alcohol up to a certain annual limit. â€Å"In early 1933, Congress adopted a resolution proposing a 21st Amendment to the Constitution that would repeal the 18th. It was ratified by the end of that year, bringing the Prohibition era to a close† (Prohibition-HistoryRead MoreEssay on Ethical and Historical Analysis of Capital Punishment1545 Words   |  7 PagesPunishment] for 25 different crimes,† so it is no surprise that it is still used today (â€Å"Early Death†¦Ã¢â‚¬  1). In the U.S, Capital Punishment has been legalized in 32 states since 1996. Capital Punishment is not as inhumane as it sounds; it is limited under the 8th amendment in the U.S. Contrary to most beliefs, Capital Punishment is not used on every case of rapists, molesters, or murders, only in cases when necessary. In most states, capital punishment is only used for certain crimes. For example, â€Å"Mic higanRead MoreCriminal Justice Outline1660 Words   |  7 PagesCapstone Project One Nov. 22, 2011 Trial a. Interrogation and Arraignment- Guidelines and Process of Law b. Trial- Judge and Supreme court roles c. Sentencing – 3 types Sentencing a. Determinate- pros and cons b. Indeterminate- pros and cons c. Mandatory- pros and cons d. Specific or general deterrence Determinate sentencing a. Time- Each punishment is set person to person regardless b. Punishment- does not discriminate c. Community- deter people from committing itRead MorePrison Overcrowding Essay1184 Words   |  5 Pagesprobation. An article published in Federal Probation in 2013 states, â€Å"recidivism rates average between 43 and 67 percent and supervision violators constitute on third of the persons admitted to state correctional facilities,† and â€Å"on, average, persons under supervision have five prior arrest; 16 percent violated a federal, state, or local community supervision, and 8 percent have a history of absconding.† Sentencing offenders to alternative programs would help cut cost and also help decrease prison overcrowding