Eighth Amendment Essays


Supreme Court Second Amendment Case

gun violence and calls for gun control. The Fourth, Fifth, Sixth and eighth amendment provide constitutional basis for rights Americans can claim when faced with accusations of involvement in crime. President Trump is likely to expand stop-and-frisk police activity throughout the country, which would have an impact on the Second Amendment right to bear and keep firearms by increasing police powers. The president is likely to expand the provisions of the Fourth Amendment in attempts to deal with gun violence and counter illegal immigration. Additionally, President Trump's calls for a complete Muslim ban is likely to contribute to violation… Continue Reading...

Marbury V Madison Impact

a violation of the freedom against unusual and cruel punishment given in the eighth amendment. In a recent event, the U.S. Supreme Court exercised its authority to proclaim that according to the Constitution, the people of the nation have the freedom of same-sex marriage. This was a 5-4 ruling which was made in 2015, June 26. According to Justice Anthony Kennedy, same-sex couples have respect for marriage and would like to be given equal respect by the law (Haworth, 298). Hence, that freedom is given in Constitutional law. The Marbury case has given the United States of America the… Continue Reading...

Death Penalty Essay

and often counterfeiting” (Reggio 2014). The US Constitution expressly forbids cruel and unusual punishments under the eighth amendment of the Bill of Rights. The question of whether the death penalty is cruel and unusual has been hotly debated. It may come as a surprise that as early as the mid-nineteenth century there was a robust movement to abolish the death penalty and many states elected to do so. In 1846, Michigan abolished the death penalty, followed by Rhode Island in 1852 (Reggio 2014). The abolitionist movement was extremely influential in supporting the abolishment of capital punishment as well. However,… Continue Reading...

Argument in Favor Of the Life in Prison over Execution

wrongful convictions. DNA evidence overturns convictions often enough to render the death penalty unreasonable. Moreover, the eighth amendment to the Constitution forbids the use of “cruel and unusual punishment.” While state-sanctioned executions are not unusual and are no less cruel than a prison sentence, capital punishment has a permanency that is both cruel and unusual. If evidence were to surface that exonerated the individual, there is no possibility of overturning a death sentence. The family of the wrongfully accused would suffer tremendously, and the general public would lose faith in the efficacy of a system that would kill the… Continue Reading...