Premium Essay

8th Amendment Research Paper

Submitted By
Words 760
Pages 4
Constitutionally acceptable punishments include fines, imprisonment and humane executions for certain serious crimes. The Eighth Amendment to the U.S. Constitution limits the punishments that may be imposed by the government on American citizens. These limits are compulsory among the states by way of the Fourteenth Amendment. The English Bill of Rights of 1689 expressed concern with arbitrary and disproportionate sanctions, giving way to the Founders inclusion of the prohibition against cruel and unusual punishment. To explore the Eighth Amendment it is important to consider constitutionally accepted punishments, the ever-evolving practice of capital punishment, and eighth amendment protection inside prison walls.
Barron V. Baltimore (1833), …show more content…
Wainwright (1963), Clarence Gideon was arrested for theft from business within his town and charged with the crimes. Being poor, he could not afford his own lawyer. He requested that he be appointed a lawyer. Because he was a resident in Florida, at that time only allowed court-appointed attorneys for capital crimes. Gideon tried his own case and lost. He was sent to prison and while in prison did research read some law books and he drafted his own appeal to the US Supreme court, which accepted his review. Abe Fortas was appointed his as his counsel. Abe Fortas main argument was that the poor person was a “special circumstance” that was covered by the Constitution under the theory of a person’s right to council. Fortas won 9-0 decision overturning Gideon’s conviction ordering a new trial. At that time he was released and acquitted. In this case the Supreme Court riled that the state courts are required under the Sixth Amendment of the Constitution to provide counsel in a criminal case for defendants who are not able to afford an …show more content…
Alabama (1932), On March 25, 1931, two white girls were raped on a train, and three African-American suspects were arrested and arraigned. They were eventually brought to trial, convicted of rape, and sentenced to death. The U.S. Supreme Court eventually heard this case. Three issues were raised by the appellant: The defendants were not granted a fair and impartial trial, The defendants were not afforded suitable counsel for their defense, and The defendants were not tried by a jury of their peers -- no African-Americans were on the jury. The trial began and ended in a single day and the men were all found guilty and sentenced to death. It is sad that they were not able to defend themselves legally nor investigate their own case to any extent because the defendants were illiterate and under guard every second from their arrest to their conviction. It happened so fast the defendants did not even have time to communicate with their family members or other people who could support them. There were attorneys who stepped forward and offered their help, but none would declare himself as their attorney. In this case, The Right to an Attorney listed in the constitution was also an obligation of the court. The defendants did need attorneys but was not given the option for one due to their age and them being illiterate. It was unfortunate because the defendants were not granted a fair

Similar Documents

Premium Essay

8th Amendment Research Paper

...eighth and fourteenth amendment. Capital punishment has been used for awhile now, in fact, there are 31 states right now such as: Alabama, Arkansas, Delaware, Ohio, Tennessee, Texas, Utah, and many others still using capital punishment. This must come to an end. The eighth amendment states that “ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” A fairly recent court case Kennedy v. Louisiana, June 25, 2008 violates the 8th amendment. The background information about this case is that, Patrick Kennedy was sentenced to death for raping a child. Now, the child didn’t die from being raped. The court decision definitely violates the 8th amendment because, Kennedy didn’t kill the poor child, he simply raped her. Not that I’m saying raping a child is ethical, but, the child’s life wasn’t taken away, just sexually assaulted is what happened. The court took it to a whole other level by sentencing him to death. Why go out of your way to kill him, there’s certainly other ways to punish Kennedy, but taking his...

Words: 880 - Pages: 4

Premium Essay

Amendment of Bangladesh

...“Amendment of Bangladesh Constitution and Basic Structure Doctrine” 25. Nov, 2010 Introduction: The Constitution of Bangladesh is the highest ruling of Bangladesh. It represents Bangladesh as a democratic republic nation where all the power is in the hands of Bangladeshi people[1] and characterizes basic political principles of the state and stands for the fundamental rights of citizens. It was approved by the Assembly of Bangladesh on November 4, 1972; it was exercised from December 16, 1972. The constitution stands as the most powerful evidence to state Bangladesh as a unitary, independent and Republic, founded on a struggle for national liberation, and that is how we achieve the People’s Republic of Bangladesh. It lays a strong foundation of nationalism, secularity, democracy and socialism as the essential ethics that stands for the Republic and declares the quest of a society that gives its citizens- the rule of law, fundamental civil rights and independence as well as fairness and evenhandedness, political, economic and social. The Constitution of Bangladesh was written by international personals and other experienced people. However, amendments during socialist one party and military rule in Bangladesh drastically changed the material and moderate democratic character of the constitution. In August, 2005, the Bangladesh High Court approved a pointer finding that states constitutional amendments in military ruling as unlawful and also unconstitutional, so completely invalid...

Words: 3438 - Pages: 14

Free Essay

Rights of the Accused

...are derived from their creator (Meese, 2009). After the Civil War new amendments were added to the Constitution in order to ban slavery and protect newly freed slaves. The Fourteenth Amendment, ratified in 1868, implemented no state shall deprive any person of life, liberty, or property without due process of law (Wilson, 2011). The Fourteenth and the Fifth Amendment represent the right of due process. The due-process clause refers to fair procedures and equal protection of laws for all persons in the United States. The Fifth Amendment, ratified in 1791, also insists that no person shall be deprived of life, liberty or property without due process of law. Even though this amendment applies to the federal government, the due process clause guarantees that a party will receive a fair, orderly, and just judicial proceeding (Cornwell, 2005). The Constitution prohibits all levels of government from unfairly depriving individuals of their Constitutional Rights. Due process was designed to protect the accused against abuses by the federal government. Evidence gathered illegally or unlawfully can not be used in a trial. This method refers to the exclusionary rule. This rule allows evidence that was gathered in violation to the Constitution to be excluded and not permissible in a court of law (Meese, 2009). The Fourth Amendment, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...

Words: 948 - Pages: 4

Premium Essay

The Death Penalty

...The Death Penalty PHI103: Informal Logic Professor Donald Ceplenski March 26, 2012 The Death Penalty Capital punishment, also known as the death penalty, is the lawful infliction of death as a form of punishment. It is considered to be one of the most controversial and a debated topic across the United States which leads to the logical question; is the death penalty just and applied fairly? Although in theory sentencing a criminal to death may bring closure to the victim’s families, the practice of sentencing someone to death is an unjust form of punishment with factors such as costs, deterrence, and rehabilitation failure show that putting a criminal to death is counterproductive and inhumane. Death Penalty laws have been around since Eighteenth Century B.C., but the execution in American dates back to the colonial days in 1608, when Virginia carried out the colonies first execution to Captain George Kendall (Randa, 1996). According to the Death Penalty Information Center (DPIC), in the last four hundred years, 36 states have instituted the death penalty, making execution the ultimate form of punishment (2012). In theory the death penalty appears to be a reasonable method of punishment but in reality it has major flaws that damage the integrity of the state. Not only does it have serious flaws it is absolutely inhumane in every way. The death penalty goes against our rights as human beings. We are supporting the message that killing is okay if the reason...

Words: 2264 - Pages: 10

Premium Essay

Constitution and Levinson Ideal

...4th 1776, there was a need for a new rule on law and basic rights. The foundation of our country needed an official document to be established and written for future generations and for concrete reference. The original idea regarding the document, was thought necessary to be drafted from the Articles of Confederation, but later this idea was deterred. The Constitution was created on new precedent and adopted on September 17th, 1787. Our Constitution was written to be the backbone of our established government “for the people by the people”. According to the Independence Hall Association’s website, our country has the second oldest active Constitution in the world, behind the “1600 Statutes of San Marino”.(1) The Constitution has had Amendments conjoining or slightly altering it’s contents. But overall, The Constitution is arguably the same document at it’s core as when it was originally ratified. Sanford Levinson, in his book “Our Undemocratic Constitution”, pushes for the idea of another constitutional convention to revolutionize what he calls “hardwired” defects in the Constitution. These “hardwired” defects are whittled in the constitution’s grain and cannot be solved through even the most farfetched interpretation. A main theme of his book is based on the almost impossible but more than improbable process of amending the Constitution let alone holding his envied convention. Levinson’s defects are about but not limited to; Operation of the Electoral College and other disputed...

Words: 1561 - Pages: 7

Premium Essay

Death Penalty

...IS THE DEATH PENALTY Is the death penalty the right form of punishment for crimes such as murder? 1 IS THE DEATH PENALTY Is the death penalty the right form of punishment for crimes such as murder? 2 During this paper you will hear supporting and opposing arguments for the death penalty when a murder charge is sought. You will hear information on the trial, the families, and the way it affects the jury. The death penalty has long been an ongoing debate. There are numerous reasons to be pro-death penalty, as well as, con-death penalty. When is the death penalty appropriate? What types of crimes should be considered for the death penalty? Throughout the course of this paper were going to look at the pros and cons of the death penalty when dealing with murder charges. We’ll discuss the money that goes into a trial and sentence of an inmate on death row, weather the death penalty actually gives the family a sense of justice, as well as, weather the death penalty is the right punishment for murder. We will also look at if the death penalty is the only answer for murder and weather the evidence and information given to the jury plays apart in the way they vote. The death penalty can mean many different things to many different people. Many people think that if you take a life you should have yours taken away. The question there, is it really effective? Taking the life of someone else isn’t going to bring the dead back, but allowing them to sit in jail gives them many...

Words: 1076 - Pages: 5

Premium Essay

Torture and America

...table, and transparent. Of course, troops strength, strategy, and general war plans should be kept from the enemy, the need of informing our own people has been a tight rope that is not easy to balance on for any one person. This was especially true of the “enhanced interrogations” used by the Bush administration at the beginning of the War on Terror. What this paper plans to do is to explain the four greatest players in this policy of enhanced interrogations, what each player brought to the table, and how each player impacted the final policy of the administration. One of the biggest problems of the war on terror has been what to do with the battle field detainees. The questions faced by those in charge were, and are, how to balance the need for timely, accurate information from those that would do us harm, and still follow treaties this country is signed on to and our own law when it comes to interrogation. The 8th Amendment of the constitution reads in whole: Excessive bail shall not be required nor excessive fines imposed, nor cruel and unusual punishments inflicted, (U.S. Const. amend. VIII) This Amendment to our Constitution is the basis for crime and punishment in the United States. It is one of the first places we look when setting up a structure for dealing with imprisonment in the United States. The Constitution, being such an important institutional idea in the United States necessarily means that those who interpret the Constitution, the Judiciary, are huge...

Words: 1307 - Pages: 6

Free Essay

Bus 508 Assignment 1

...human capital, once employed the effects of the economic climate is less relevant. Instead the focus is to reduce costs in payroll, employee benefits and compensations, whilst keeping a high level of productivity and employee retainage. In this paper, two organizations based in San Francisco, CA, listed as 2015 Fortune 100 Best Companies to Work For® are evaluated in terms of their human resource structures (Great place to Work, 2015) , I will make suggestions as to how to best integrate HR strategies to each firm. Twitter and Genentech Twitter One of the organizations is Twitter, Inc., the online social network for public self-expression in real time. The company has 2,730 US employees at 14 different locations and with revenue of $664.89 million today. Twitter was founded in 2006 and rapidly gained popularity; its website is listed in 8th position as most visited websites globally as of May 2015 according to Alexa Internet, Inc. 37% of men and women Twitter users are 18 to 29 years old, 25% by 30 to 49 years old, 38% is over 50 year old user. It has very effective tools for marketers to censes predict activities for each generation by surfing the conversations they tweet on any given day. Under the first amendment, we all have a freedom of speech; however people are subject to some regulation non Twitter which is privately owned website, and your speech is protected under Twitter’s term of service of use. This fairly new company is said to be one of best...

Words: 1475 - Pages: 6

Premium Essay

Manage Meetings

...Choosing | Meeting purpose | To recommend to the General Manager a venue for the conference. | Participants Participant name | Reason for participation | Sybil | Chairperson | Mr Lee | Representing members from NSW, will calculate the costs of three possible venues | Ms Singh | | Mr Jones | Representing members from VIC, Will conduct research on the residency status of the senior managers | Ms Yi | | Meeting format Topical meeting, because this meeting is a gathering called to discuss one work issue – choosing venue for the upcoming conference. Invitation Send out e-mails to invite all the participants. Because in this way, it is fast and easy, just simply stating there will be a meeting, the purpose of the meeting and the administrative details. People can reply straight away simply by replying the email. Meeting Papers Meeting papers should include: • The author and the date of the meeting. • A general overview of the 3 destination to help making a decision. Distribution method: Email attachment. It is fast and relatively secured should ask members to delete the email as soon as the papers have been printed or are no longer needed. Delegation The approach to delegate activities and complete the tasks should follow these steps: 1 Define the task 2 Select the individual or team 3 Assess ability and training needs 4 Explain the reasons 5 State required results 6 Consider resources required 7 Agree deadlines 8 Follow up with the...

Words: 2532 - Pages: 11

Premium Essay

Death Peanalty

...| Death Penalty: | What’s the problem? | | Michael Stender (14354787) | 11/27/2012 | What is the good of killing our inmates if the violence around us continues to grow more and more out of hand? This paper examines a single perspective of societies position on a difficult but necessary evil. | Death Penalty: Why do so many citizens oppose the death penalty? In today’s society the rate of crime, specifically those that involve crimes which can be tried as a capital punishment cases, continue to increase; domestic killings, predatory crimes against children and innocent victim crimes have all continued to rise; Meanwhile the public’s belief and support in our justice systems ultimate punishment continue to fall. The death penalty although looked at as cruel or inhumane by some, can be viewed as a necessary evil. Society as a whole must feel that our system of laws is protecting us. Locking up non-violent and common criminals and attempting to rehabilitate in order to join society is a continuing effort and with some success. However, most studies have found that an increasing number of prisoners today are repeat offenders with sentences for more violent crimes. A study recently done found that 56% of violent felons are repeat offenders and 61% of all felons are repeat offenders. The study also found that most are being punished outside the walls of prison due to their criminal past. After the inmate is released he’s sent back out to society...

Words: 1701 - Pages: 7

Premium Essay

Case Scenario

...on their economic status or their distinctive social circumstances. The policies include Medicaid (for poor children), Medicare (for the elderly), Veterans’ Administration (for veterans), Indian Health Services (for Native Americans) and renal failure security (for transplants and kidney dialysis). The purpose of this study The research’s main focus is to investigate the how government and nurses are involved in the development and implementation of healthcare related policies. The District of Columbia will be the highlight of this paper. Accordingly, the paper will put more emphasis on one of the most recent health care policies in the Obama governance i.e. The Affordable Care Act. Significance of this study The research will try and examine the current and previous efforts directed at ensuring that basic health care is available to every American citizen, thus providing knowledge to all of the stakeholders. In the process, the research will bring out any loopholes...

Words: 1771 - Pages: 8

Premium Essay

Death Penalty

...Name 12/10/12 English Research Paper Section 1 “Should The Death Penalty Be Legalized?” I. Although the death penalty is in decline, the “Golden Age’ of capital punishment in the United States peaked in the year 1999, where there were a total of ninety eight executions (“The Tide Shifts Against the Death Penalty” 1). This was the highest number seen since 1976. Advocates of the death penalty feel that the fear of death will make criminals think twice before committing a crime. However, opponents of the death penalty feel that innocent people are too often sentenced to death for crimes they did not commit. As to any argument, there are pros and cons of the death penalty. Is the death penalty just a punishment? Do certain crimes cry out for the death penalty? Does it violate the United States Constitution? Does it deter crimes? As of January 1, 2008, the number of people on death row in the United States since it originated is 3,263 (“The Death Penalty in the U.S. 1976-2008” 1). II. The most common means of executing prisoners on death row is by lethal injection. Some claim that this violates the Eighth Amendment prohibition against cruel and unusual punishment (“The Tide Shifts Against the Death Penalty” 1). There are other methods of execution in the United States, such as firing squad and electrocution. There are thirty seven states in the U.S that use the death penalty (“Death Penalty Information...

Words: 1575 - Pages: 7

Premium Essay

Cyber Bullying- Should Schools Be Held Responsible

...of cyberbullying words can be the difference between life and death. Technology such as smart phones, tablets and the internet allows students spend more time being connected. With this cyberbullying is becoming more frequent. Texting, instant messaging and over the social networks are just a few ways that the cyberbullies can reach their victims. A few of the forms of cyberbullying are harassment, cyberstalking and impersonating their victim. Cyber bullying has become a serious problem amongst teens. The victim can begin to feel inadequate and self-conscious causing the victim to become depressed to the point of committing suicide. In the past the cyberbully had no consequences to their action. Two such cases are addressed in this paper. States are now passing laws to address this issue and making schools responsible for developing anti-bullying policies. Cyber bullying- Should Schools be held responsible Matt was on both the Citizenship and Honor Rolls in Middle School. Voted by his eighth grade classmates to have the best smile, the best personality, and most likely to become an actor (Eppling, 2006). Taylor was a soccer player, a soloist in the school choir, and on the volleyball team. Although she was taller and a little larger than others her age she was beautiful. These are just two real examples of teens that were bullied to the extent of finding life too hard to continue on. With social media websites such as Facebook, Twitter, Snapchat and Instagram, public...

Words: 2931 - Pages: 12

Premium Essay

A Guide to India’s Legal Research and Legal System

... Bottom of Form A Guide to India’s Legal Research and Legal System   By Dr. Rakesh Kumar Srivastava Dr. R.K. Shrivastava is presently Chief Librarian at the Supreme Court of India, New Delhi.  He has more than twenty-four years of experience in the field of law librarianship in India.  He has a degree in Law, a Postgraduate degree in Library & Information Science and a Doctorate degree in Library & Information Science.  He has been a guest faculty member in many institutions, an academic counsellor of Indira Gandhi National Open University (IGNOU) and the Rajarishi Tandon Open University, Allahabad.  He has been an Honorary Principal of School of Law of Library Science, Lucknow for more than 15 years. He is a member of many professional bodies, including his service as the General Secretary of the U.P. Library Association and the Vice-President of the Indian Library Association.  Due to his work in the field of law librarianship, he has been awarded by the U.P. Government. He is presently a member of the Academic Council, Hidayatullah National Law University, Raipur.   He recently delivered lectures on legal research methodology in National Judicial Academy, Bhopal and Karnataka Judicial Academy, Bangalore, Academic Staff College, Jamia Milia Univesity and in Ranganathan Research Circle, New Delhi.   He has published more than fifty papers on various aspects of library and information science and law, and he has presented papers in many national and international conferences...

Words: 7075 - Pages: 29

Premium Essay

Pro-Choice's Argument Against Abortion

...health and benefits of the mother's body. According to the American College of Obstetricians And Gynecologists, states that abortion is a safe medical intervention, the risk of maternal death associated with childbirth is approximately 14 times higher than the risk associated with abortion. They say that women who were able to obtain a wanted abortion were found to have better overall health five years later than those who were denying an abortion. According to www.ama- assn women denied abortion are more likely to live in households that drop below the poverty level, with 72% of households where a mother denied an abortion living below the federal poverty level, compared with 54% of those who received the abortion.In according to health research funding.org 2% of women who were able to bear child have an abortion.64 percent of those who practice contraception and they base this off of 47% of the three million unwanted pregnancies.I believe that the sanctity of life is clearly affirmed in the Bible, which states that that a fetus, being human, inherently has the right to life. Regardless of the circumstances of the mother or the potential impact on her health. Therefore, I believe that abortion should not be done for the health or benefit of the mother's body. On the other hand, one of the main arguments of Pro-life is that the unborn or the fetus is a human being at conception. Evidence to support this is from aCpeds.org and stating that at the moment of conception, when the sperm...

Words: 2457 - Pages: 10