Informative - Research Paper Example

(Darby 50). The amendment came as part of the bill of rights of 1791. There amendment relates to the provision of the bill of rights of English of 1689. The amendment got its inspiration from the Titus Oates of England case. This was after King Henry II took up power in 1685, where Titus was under trial for cases involving the execution of people who were under accusation by Oates. Titus was under a prison sentence, including ordeals involving pillory and whipping while pulling a cart as part of the punishment.

There was taking up of the case by the United State Supreme Court jurisprudence on the eighth amendment. Oates punishment was inclusive of penalties that were random and excessive; they were also manner that does not follow the law of precedence. There was a death sentence evasion for Titus because if dead, honest witnesses would not testify against the accusations. Before the eighth amendment took effect in the USA, England had given a declaration that was against cruel and punishment that were unusual and had gotten approval by the parliament in 1689 and had taken effect as a law the same year.

The judges were to adhere to the rule, for the bill of right had an illustration that excessive fines were not to be given to individuals, unusual and cruel punishment were also under abolishment as seen in the case of Furman v. . Until its implementation, people of Virginia including Patrick Henry and George Mason made their efforts in ensuring that the restriction was under application by the congress. There is a warning that if the implementation is not underway, the congress would give severe and unusual punishment to the people.

The Virginians said that the congress should adopt practices of civil laws rather than using common law. At the time, common law was in use, in France, Germany and Spain, through the consistent pressure by the two Virginians the congress was in agreement that adoption of the provision was necessary. The final solution was the changing of ought to shall by James Madison in 1789 (William 67). In accordance to the Supreme Court, The eighth amendment does not allow entire punishment as well as punishment that over boards the crime and considers the perpetrators competence.

Regarding the Robinson court opinion, Justice Peter Stewarts held that cruel inflictions and unusual punishment would be a violation of the eighth amendment. The Supreme Court has been implementing the law by indicating that a punishment must not be severe enough to degrade the dignity of human beings. It states that a punishment is unusual and cruel if the punishment is unacceptable by; the whole society and its infliction are wholly a fashion of arbitration. Punishment is cruel and unusual if the punishment is not in accordance to patent.

There is implementation through the case of Wilkerson v. Utah, where there was public desertion and burning alive of Wilkerson taken by Justice Brennan, where he said that, no state would allow a law that violates any