changes but were never altered. Out of these ten amendments the eighth amendment has been upheld since it was created. The eighth amendment states‚ “Excessive bail shall not be required‚ nor excessive fines imposed‚ nor cruel and unusual punishments inflicted.” This means that when a person is arrested and being accused of a crime‚ the court are not allowed to set an unreasonable bail and are not allowed to impose harsh punishments. This amendment has been upheld throughout the years in social‚
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Article Summarization on the News Article Regarding the Possible Violation of the Eighth Amendment Payton Iannarino The article I found was written on March 14‚ 2011 about the controversy of the constitutionality of the treatment of Private Manning. There have been many articles about this topic‚ but the one I looked at was an editorial in the pages of the New York Times. Private Manning was convicted of leaking restricted military files to WikiLeaks and was arrested on the twenty sixth of May
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The eighth amendment is defined as “excessive bail shall not be required‚ nor excessive fines imposed‚ nor cruel and unusual punishments inflicted (Lectlaw‚ 2010). This amendment was adopted as part of the Bill of Rights in 1791. The eighth amendment serves the purpose of protection of those who are innocent until proven guilty and to ensure that all persons are treated fairly in the criminal justice system. Defendants who are not released on bail are being denied the opportunity to prepare their
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As the Eighth Amendment protects against the issuance of an excessive bail‚ there is no “absolute” guarantee of a pretrial release although as the justice system asserts that a suspect is innocent until proven guilty. That said‚ it is stated that the courts base the issuance of bail and thus release on the strength of the prosecutor’s case in addition to the actions of the suspect in his interactions with witnesses /law enforcement and the securing of evidence. If the courts find that the suspect
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When a defendant is sentenced‚ there are philosophical reasons behind this sentencing. The four basic reasons are rehabilitation‚ deterrence‚ retribution‚ and incapacitation. Because this process is sensitive‚ guidelines have been made to ensure that presumptive sentences are mandatory. Rehabilitation is considered one of the most "humane" goal of punishment. There are different ways a judge can impose a rehabilitation sentence. For example‚ a young woman is arrested for public drunkenness. The
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The Effects of Race on Sentencing in Capital Punishment Cases Throughout history‚ minorities have been ill-represented in the criminal justice system‚ particularly in cases where the possible outcome is death. In early America‚ blacks were lynched for the slightest violation of informal laws and many of these killings occurred without any type of due process. As the judicial system has matured‚ minorities have found better representation but it is not completely unbiased. In the past twenty
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Death Penalty and The Eighth Amendment The expression "an eye for an eye‚ a tooth for a tooth" has taken on a whole new meaning. Lately‚ murderers have been getting a punishment equal to their crime‚ death. In 1967‚ executions in the United States were temporarily suspended to give the federal appellate courts time to decide whether or not the death penalty was unconstitutional. Then‚ in 1972‚ the United States Supreme Court ruled in the case of "Furman versus Georgia" that the death penalty
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The Eighth Amendment was passed by Congress on September 25‚ 1789 and became part of the Bill of Rights on December 15‚ 1791 ‚ it was voted for by 9 out of 12 states . James Madison was the one to introduce the 8th amendment into the Bill of Rights ‚ Madison is also known as the “Father of the Constitution ’’ because he wrote all of the other ten amendments in the Bill of Rights. I guess you could say that Madison “borrowed’’ the 8th amendment form the 1681 English Bill of Rights which also said
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Juveniles and Capital Punishment One of the most controversial issues in the rights of juveniles today is addressed in the question‚ "Should the death penalty be applied to juveniles"? For nearly a century the juvenile courts have existed to shield the majority of juvenile offenders from the full weight of criminal law and to protect their entitled "special rights and immunities." In the case of Kent vs. United states in 1996‚ Justice Fortas stated some of these "special rights" which include; Protection
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8th Amendment England‚ 1681; A man named Titus Oates had been found innocent of a crime‚ then retired‚ and found guilty of perjury. He was sentenced to life imprisonment‚ and to be whipped for five days a year for the rest of his life. The whippings were so brutal‚ most people believed it to be an aim to kill him. Imagine this happening to you‚ well luckily it can’t‚ thanks to the Eighth Amendment. The Eighth Amendment’s enduring impact on American citizens’ lives contributed with it’s meaning
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