Pros And Cons Of The 8th Amendment

Under the Sixth Amendment. The Sixth Amendment guarantees a criminal defendant the right to impartial jury. The jury will consider the evidence against the defendant and decide whether to find him or her guilty of the crime. Twelve jurors must agree in order to find a defendant guilty or not guilty. If the jury fails to reach a unanimous verdict and finds itself at a standstill, the judge may declare a mistrial.

The Fifth Amendment ‘’The fifth amendment is an old friend and a good friend. It is one of the great landmarks in man’s struggle to be free of tyranny, to be decent and civilized. It is our way of escape from the use of torture.’’ -William O. Douglas The first ten amendments, known as the bill of rights, were written to help look after each personś guaranteed freedoms from being violated by the government.

The men pleaded not guilty but were accused of rape that same day. For the first time, via the Fourteenth Amendment, the Sixth Amendment reached the state levels as a result of Gideon vs. Wainwright. The Fourteenth Amendment included “the Due Process Clause, to describe a legal obligation of all states. These words have as their central promise an assurance that all levels of American government must operate within the law and provide fair procedures” (Cornell Law). This required Alabama’s defendants to be appointed attorneys for their cases.

The Eighth amendment causes a big controversial in everyday cases. The 8th amendment is about, no cruel and unusual punishment. This means you can't get severely punished or be punished for no reason. “These bill of rights were written by James Madison.’ ” These bills were ratified in December 15, 1791.

According to (Barnett-Mayotte, C. 2022) “… an argument that trial counsel provided ineffective assistance by failing to object to racially discriminatory jury selection…” (pg.3). The ruling in Weaver v. Massachusetts was important for criminal defendants and it serves as a reminder that the Sixth Amendment is fundamental especially for criminal

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.

Because that is a cruel and unusual punishment for a smaller crime like littering. The meaning and purpose of the 8th amendment has an enduring impact on many Americans lives. The whole 8th amendment from the Bill of Rights is, "Excessive bail shall not be required, nor excessive

Amendment six is a very important amendment. If you are charged to be arrested and you don’t think you should be, this is an important right. If you are charged with a crime this amendment gives you the right to a jury that can prove your innocence. You also might not know why you are being arrested but, this amendment gives you the right to know immediately. You also have the right to a lawyer, and if you can’t afford one the government will pay for it.

The jury system continued to evolve over a period of time and eventually the United States Constitution was written to govern the jury system. The Sixth and Seventh Amendments stated that we should have 12 members and the cases were to be resolved upon a unanimous verdict (Landsman & Holderman2010). In the 1970’s the court approved juries of 12 or fewer and a non-unanimous verdict in civil cases in federal court cases. Since the evolution of the judicial system it has become easier to get jurors to come to court to do their civil duty. A list is compiled of selected jurors from voter registration and driver’s license information from the state (United States Courts, n.d.).

In federal court the jury usually consists of 12 members but it can be less, some

A flawed jury is what makes for an unfair trial. Juries are a crucial piece of the puzzle which helps create the system we have today, one where it needs to be represented in the right way that makes the justice system an improved one. The judicial system is one where the jury needs to accurately represent the community that the accused resides in, achieving this can impact the community first hand, make it easier to protect the defendant from unfair sentencing, and promote public confidence in the justice system which is what lots of people distrust and lack in. The citizens in a community are the ones that get impacted from the actions of accused in the first hand which is why they need to be accurately shown in the jury.

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.

According to “A Defense of the Jury System”, "The jury system is often attacked for delivering verdicts that sometimes seem irrational.” There are many cases that are criticized by civilians. There are cases that are judged only by a judge, not a jury. That means that one person could decide the difference between the innocent and the guilty.

This text evidence makes this apparent “The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury” (Cornell University). This article is talking about the 6th amendment and the rights given by said amendment. The whole purpose of the 6th amendment is to offer the population a fair way to be judged, and it even limits the governmental influence on the case. Therefore, the constitutional guarantee of the right to a trial by an impartial jury indicates the fairness and impartiality of the American jury

Ancient Athenian trials were heard by a randomly selected jury of between 200 and 6,000 citizens. While US courts have much smaller number of jurors and much more powerful judges the basic idea of a fair trial by jury is the