Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
8th Amendment
Amendment 8 - Cruel and Unusual Punishment
The Eighth Amendment (Amendment VII) to the American constitution is part of the American Bill of Rights which was ratified in 1789. The Amendment was to prohibit the States government from imposing cruel and unusual punishment. The Eighth Amendment was adopted in 1971 as part of the Bill of Rights in the United States where the parliament declared "as their ancestors in like cases have usually done...that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (Harper, 2007)." In summary, the paper will discuss the Eighth Amendment (Amendment VII) to the American constitution as well as what and how it is controversial.
According to the Supreme Court, the Eighth Amendment prohibits some penalties and bars punishments which tend to be excessive when compared to crime or any other competence of criminals. The Eight Amendments states that "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." For instance, in 1947, the Supreme Court expected that, the case of Francis v. Resweber to the States through the due process Clause of the Fourteenth Amendment. In 1962, the court had another case involving Robinson v. California, of which they ruled out to be applying to fourteenth Amendments of the United States. Under...
Contrary, harsh and rare punishments have been imposed under state laws in this union upon inhabitants, not only for offences committed, but for the sacred duties one does, for which the State provided no solution. It is also on record that, Justice Brennan expected no state rule pass a law clearly violating any of these principles, and so the court's decision on the 8th amendment could include accumulative analysis of each of the four principles and so the United States Supreme court said that punishment will…
References
Menez, J.F., Vile, J.R., & Bartholomew, P.C. (2004). Summaries of leading cases on the Constitution (14th ed.). London: Rowman & Littlefield Publishers.
Harper, T. (2007). The complete idiot's guide to the U.S. Constitution. London: Alpha Books.
Tanenhaus, D.S. (2008). Encyclopedia of the Supreme Court of the United States. London: Macmillan Reference USA.
Vile, J.R. (2010). A companion to the United States Constitution and its amendments (5th ed.). London: Praeger.
CIV S-90-0520 LKK JFM P, 2009 WL 2430820 (E.D. Cal. Aug. 4, 2009). (2010). Harvard Law Review, 123(3), p.752-759. This article discusses the civil rights case Coleman v. Schwarzenegger wherein the plaintiff sued California Governor Arnold Schwarzenegger for unconstitutional prison conditions. The lawsuit was examined in the U.S. District Court for the Eastern District of California under the Prison Litigation Reform Act of 1995 (PLRA). The court ruled that authorities should
1st Amendment Protections for Child Pornography: The 2002 Decision in the Case of Ashcroft v. Free Speech Coalition. Laws have been passed outlawing child pornography in its various formats. It is forbidden by law to use a minor younger than age eighteen for visual depictions of sexually explicit acts. Possessions of such photographs are forbidden, and in 1966 the Child Pornography Prevention Act (CPPA) forbade trafficking in visual productions of
Antitrust and Intellectual Property Antitrust Law Remedies in Intellectual Property Cases In any research paper it is important to first define the terms used prominently in order to make sure that the reader understands what is being said. In this case, the two terms that require definition are antitrust and intellectual property. According to a definition from Cornell University Law School "Trusts and monopolies are concentrations of economic power in the hands
" In short, when it comes to the First Amendment, greater issues are at stake beyond the immediate interests of the corporations in question. There must be a compelling state interest to limit freedom of expression. Why doesn't it make a difference whether the corporate speech is about matters that materially affect its business interests? It is not the state's place to regulate when and if First Amendment rights apply in certain
Open Field Doctrine The Fourth Amendment is one of the most important and hotly contested and debated amendment within the Bill of Rights to the United State Constitution. Many people focus on the First and Second amendment. The Fourth Amendment, when discussed, usually comes up when speaking of house/car searches and whether warrants are needed and how they can and should be procured. Interpretations of the Fourth Amendment have led to
DNA in Criminal Cases - Solving Cold Cases in California with Forensic Science This research will attempt to analyze and discuss the feasibility of DNA testing in solving cold cases and will study the impact that DNA fingerprinting has had on the forensic science community as a whole. DNA is generally used to solve crimes in one of two ways. In cases where a suspect is identified, a sample of that person's