Meaning And Purpose Of The 8th Amendment

7th Amendment to the Constitution The 7th amendment to the constitution of the United States was formulated and then ratified as a part of the famous Bill of Rights. This specific Amendment defines a citizen’s right to trial by a jury and in the Bill of Rights, it is mentioned quite frequently. It was fundamentally designed to prevent the establishment of dictatorial courts of justice, where the judges’ decisions were subjected to the control and whims of the government. Just as the first ten amendments to the constitution of the United States, the seventh amendment also plays a prominent role in the American legal and political theory.

•Explain what the amendment says (in plain English) – Search and seizure: the fourth amendment. This amendment prohibits officers and active members of the law to unlawfully search or enter a home or school without a search warrant; and even with a warrant you can only search where evidence might be found. If you are looking for a stolen car, you cannot check the kitchen cabinets the car won’t be there. If an area is improperly searched and something is found that cannot incriminate anyone, and is not allowed to be displayed in the court of law. •Explore what issues made it important for lawmakers in the Early Republic--important enough to add this amendment to the Constitution.

Despite the theory behind the Eighth Amendment, judges often use excessively high bail amounts to prohibit an arrested individual from getting out of jail. This type of excessive bail is often used for people that have been arrested on suspicion of dealing drugs, murder or other crimes where flight is a real possibility. Many people have argued that this type of high bail violates the Eighth Amendment, but almost all have been unsuccessful. There are also situations in which bail is set at a reasonable amount, but the arrestee still cannot afford to pay the bail. When this happens, the arrested individual must wait to ask the judge to lower the bail amount at a special bail hearing or during the defendant 's first court appearance.

The 10th Amendment Some people throw a party during the Fourth of July. We have this day because we won our independence from Britain. After this we created the Constitution and the Bill of Rights. These documents is what helped us make the freedoms we have today.

In the United States Constitution, the Fourth, Fifth, Sixth, and Eighth Amendments from the U.S. Bill of Rights, deal specifically with the rights of criminal defendants. The Fourth Amendment provided the criminal suspects protection from police officers and prosecutors for unreasonable searches and seizures. The Fifth Amendment guarantees a trial by jury, due process of law, and guards against double jeopardy and self-incrimination. The Sixth Amendment provided rights to accused persons and right to a speedy and public trial. The Eighth Amendment protects criminals from punishments.

The 8th amendment states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. Justice Samuel and four other justices conclude that the lethal injection does not cause harm and does not violate the 8th amendment according to this article. “ Testimony from both sides supports the District Court’s conclusion that midazolam(medicine) can render a person insensate to pain” says Justice Samuel A. Alito Jr. Justice

The sixteenth amendment gives the Congress mandate to collect taxes on income from all citizens without apportionment among the different states and regardless of the state’s population. The amendment was passed in 1909 and ratified in1913. The amendment was proposed as a result of the need for correction of the flaw in the collection tax terms. The government obtained taxes from the existence of a population in a state. The system was found to be unfair, especially to the poor states as the system did not consider the people’s income.

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.

The Importance of the 24th Amendment and Effects. The U.S. Constitution has been amended twenty-seven times since ratified on June 21, 1788. These Amendments have been crucial to the up-keeping of America and its constant changes. The most of important of which being the 24th Amendment, which protected voting rights from taxes. The 24th amendment reads as followed “The Twenty-fourth Amendment of the United States Constitution prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other types of tax”.

Capital punishment commonly referred to as the death sentence or penalty is a topic of widespread controversy. The question of whether capital punishment is “cruel and unusual” provokes questions about societal values and the philosophy behind punishments. As decreed in the Eighth Amendment of the United States Constitution it declares the use of “cruel and unusual” punishments is to be prohibited. With many execution methods such as lethal injection, electrocution, beheading, hanging, firing squads, and stoning, it sparks the question. Do these fall under the Eighth amendment?

All in all, the Eighth Amendment has undergone quite a revolution in the last century. Its significance in the dealings of criminal law are paralleled by law as it quite literally defines criminal law itself. Most, if not all, cases that deal with the civil rights of criminals, such as the vastly influential Miranda v. Arizona case, which introduced the obligation to police officers to read suspects their natural rights, would have never came about if it wasn 't for the case which changed the meaning of cruel and unusual. As time goes on, society as a whole will evolve, hopefully in a more peaceful manner, and as such the Eighth Amendment will evolve alongside society, keeping up with how the public opinion feels about certain things along the way. In the near future, things like the death penalty might become horrific tales of the past to be left just a bad memory, and in the far future, maybe even things like manual labour will be outlawed with the rise of automation making such labour unnecessary.

Mark Lichtenberg Mr.Giddens Government August 8 2015 The First Amendment The first amendment of the United States Constitution is part of the Bill of Rights. The amendment guarantees against the government invading key personal freedoms that are the freedom of religion, the freedom of the press, free expression, freedom of association, and the freedom of assembly. Without the first amendment religious minorities could be prosecuted, the government could establish a national religion, protestors could be silenced, the press would not be allowed to criticize the government

The Eleventh Amendment The Eleventh Amendment was passed in the 1800s to stop states from being sued without their consent. The amendment was first created so a citizen from another state without their permission could not sue states. Now the eleventh amendment has been expanded to mean that a citizen from another state, a citizen of its own state, or the government/citizen of a foreign country cannot sue a state unless they give permission. This amendment changed America by giving more power to the states by taking it from the Supreme Court. This report will show this by telling the its creation, people’s feelings towards it, the debates/controversies of it, affect and court cases involving the amendment, and how the government has violated

Does the death penalty violate the Eighth Amendment? The U. S. Supreme Court found to uphold the last penalty in Gregg v. Georgia (1976) as an acceptable sentence, when an offender has committed murder and ruled that the judgment did not offend the Eighth Amendment. Yet Americans have a fear of putting an innocent person to death. However, offenders are given the opportunity to have the death sentenced overturned. In fact, a direct appeal begins immediately in some of the sentencing state's highest courts when an offender is sentenced to the death penalty.

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.