Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Historical Background that Led to the Eighth Amendment - Coursework Example

Comments (0) Cite this document
Name: Course: Tutor: Date: Historical Background That Led To the Eighth Amendment The origin of the 8th Amendment is the English Bill of Right Magna Carta principle, and which stated that punishments should fit the crime as a free individual should not be fined for petty offenses except based on the magnitude of the offense…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97% of users find it useful
Historical Background that Led to the Eighth Amendment
Read TextPreview

Extract of sample "Historical Background that Led to the Eighth Amendment"

Download file to see previous pages It later became a theme of the U.S. Supreme Court Eighth Amendment discussion about normal penalties collectively forced in an undue and unprecedented way. Why the Eighth Amendment Has Not Been Fully Incorporated The Eighth Amendment has not been fully incorporated since it was only applied as a clause to the states when a suitable case challenging the state's contravention of that clause is formally requested for review. Moreover, the Supreme Court makes use of the principle of selective incorporation when it comes to applying the Bill of Rights to the given states (Harr, Hess and Orthman 420). What was considered initially was the cruelty when it comes to method of punishment, and not the ban of excessive punishments. The reason being that it is hard to ascertain the level at which the court can be able to tell between the permissible from that considered as cruel or unusual, bearing in mind that the Bill of Rights is a pronouncement of universal principles aimed at presiding over the social order of freemen (Harr, Hess and Orthman 397). ...
Secondly, the appellate court may possibly not be able to handle disputes to bail quicker than trial courts are able to hear the case, and as a result this renders it moot or hard for trial prior to review (Harr, Hess and Orthman 400). How Bail Can Be Assured For Those Accused of Crimes The right to bail can be assumed through case law and statutory law. Hence, the Bail Reform Act of 1984 provides the judicial authority to comprise definite conditions for granting bail based on community safety or otherwise the risk of the individual not appearing for trial (Harr, Hess and Orthman 398). This is in view of the fact that the pretrial detention should not violate due process or the eight amendment. For this reason, when the only asserted interest is to warrant that the accused will stand trial and give in to sentence when found guilty, then in that case bail should be handed by the court at an amount designed to make certain that objective and no more. Notably, the legislature rather than the constitution is the actual framer of bail law. The Federal law defines that every noncapital offenses is bailable, but in capital offenses the decision to hold a suspect prior to a trial is left up to the judge (Harr, Hess and Orthman 400). The state courts assure bails for those accused of crime based on the excessive bail provisions within the state constitution or else through legislation and case law, however, the constitution only bars excessive bail (Harr, Hess and Orthman 401). Basic Need for Bail Bail seeks to serve two needs. Firstly, bail seeks to uphold the presumption of innocence by permitting the person not yet convicted to avoid continued incarceration. Secondly, bail seeks to ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Historical Background that Led to the Eighth Amendment Coursework”, n.d.)
Historical Background that Led to the Eighth Amendment Coursework. Retrieved from
(Historical Background That Led to the Eighth Amendment Coursework)
Historical Background That Led to the Eighth Amendment Coursework.
“Historical Background That Led to the Eighth Amendment Coursework”, n.d.
  • Cited: 1 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Historical Background that Led to the Eighth Amendment

Eighth amendment of the US constitution

.... The murderer had pleaded that since he was 17 years old at the time of committing murder; he had not reached the age of majority. Consequently, he was not liable to be inflicted with the death penalty. He had also pleaded that eighth amendment also prohibits the infliction of the cruel and unusual punishments. Since capital punishment certainly comes under the definition of the cruel penalty, the issuing of such punishment was strictly against the statute of the US law. On the contrary, the plaintiff submitted that the Supreme Court had sustained death penalty at many occasions, on the basis of the nature and intensity of the crime on the one hand, and the intention, motif and the facts behind the...
3 Pages(750 words)Thesis

The death penalty and its violation of the Eighth Amendment of the US Constitution

...of capital offenders. With the important of creating a society where people respect human life, it is of considerable value that judges refrain from sentencing capital offenders to death. With this approach, it is possible for criminal justice systems to create an environment where offenders will receive correction losing their lives. This will define a criminal justice system that protects the life of offenders. Background “What do Murderers Deserve?” is a fantastic essay written by David Gelernter, the writer puts across his views on how murderers should be treated. In the first paragraph he says that a woman who killed two people but was penitent about the same when she was produced in the court but was executed in...
13 Pages(3250 words)Research Paper

The Irish Historical Background

...THE IRISH HISTORICAL BACKGROUND SEEN THROUGH THE PERSPECTIVE OF MARIA EDGEWORTH Background of Maria Edgeworth as a Social and Public Personality Born on the first day of the first month of 1786, Maria Edgeworth was an important social figure of Ireland in her generation. Though not an illustrious political figure as her father was, Maria Edgeworth could play a very vital and achieving role of ensuring that society had what it deserved from the country’s leaders. Commonly known about her, Maria Edgeworth, was a novelist and championed her perspectives of the then Irish background through the themes of her writings. But even apart from writing, Maria Edgeworth was a teacher and a prominent family member in her father’s influential... to...
48 Pages(12000 words)Essay

Historical Background of Contemporary Labor Law Individual Assignment

...? Historical Background of Contemporary Labor Law The labor law allows an employee in a labor union to file for charges whenever he feels that his rights to be represented by his or her labor union have been frustrated. This could be seen from the case NLRB V. J. WEINGARTEN, INC., 420 U. S. 251 (1975) where the employee was denied access to representation from the union during his interview. Section 8(a) (1) of the National Labor Relations Act, which was to guard against unfair denial of a worker to access union intervention whenever such a worker feels that he or she is being treated unfairly at the work place was put to test. The board’s decision to punish the employer under section 8(a) (1) was not...
3 Pages(750 words)Research Paper

Cruel and Unusual. The End of the Eighth Amendment

...? “Cruel and Unusual: The end of Eighth Amendment” Joan Dayan analyzes the severity of pain suffered by convicts throughout their period of confinement and a relief brought to them in the form Eighth Amendment. The Amendment was approved and included in Bill of Rights in 1791 as part of the US Constitution. It condemns the inhuman and unethical persecutions on the slaves captured. Precisely, evidences reveal that torture was beyond imagination as they were wounded both physically and mentally. Hence, the Amendment states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” (as...
3 Pages(750 words)Dissertation

Cruel and Unusual. The End of the Eighth Amendment

...Cruel and Unusual: The End of the Eighth Amendment Justice Brennan found that death penalty is unconstitutional. In Justice William Brennan’s words, capital punishment was “irrational, arbitrary and degrading to human dignity. It also deprived the criminals of human status” (Dayan, 2). According to the observations from both Marshall and William Brennan, death penalty is an arbitrary imposition of law (Bigel, 17). Justice Brennan found that a steady decline in sentences and executions had evidenced the fact that the punishment is virtually inescapable (Dayan, 7). However, the punishment is applied on a trivial number of cases where it has been made compulsory. The punishment is irregularly and unfairly...
3 Pages(750 words)Dissertation

The death penalty (should or shouldnt) be banned as a form of punishment

...their verdicts, it would behoove all involved to thoughtfully examine, with as little bias as humanly possible, their own thoughts with regards to this form of punishment. Bibliography Bessler, J. (2012). Cruel & unusual : the American death penalty and the founders Eighth Amendment. Boston: Northeastern University Press. This work analyzes and challenges the conventional wisdom that all of the founding fathers were in support of the death penalty. Through a careful analysis of the letters and private correspondence of the founding fathers as well as the author’s interpretation of the 8th amendment to the constitution, the reader is left to understand that the previously held notions...
5 Pages(1250 words)Annotated Bibliography

Sentencing and the Eighth Amendment

...Sentencing and the Eighth Amendment Sentencing and the Eighth Amendment Question Currently, 344 individuals are serving life imprisonment in California for shoplifting a small amount of goods (Schmalleger, 2006). More than 650 people are serving life imprisonment for holding small quantities of narcotics. Such sentences are inhumane and make no rational sense. Especially in a country that prides itself on human courtesy, and with a charter that prohibits unusual and cruel punishment. This is not right. Question 2 The U.S Supreme Court denied certiorari in this case because it had to consider the accused previous offenses. The three strikes law clearly states that if a...
1 Pages(250 words)Essay


... Background LaGuardia Airport located in the of New York in the United s caters to the people who want to fly to various international locations. The airport is operated by the port authority of New York and New Jersey. The busiest airport of US is used by more than 25 million people. The growth in the passenger traffic has been steady in this airport and it reflects its increasing popularity. The concrete surface of the runway is as long as 7000 feet. The amusement park transformed airport started its operations in 1929. Commercial flights started taking off from 1934. The airport was built up using a metallic reinforcement that has been holding the entire set up. This has been incorporated so that the pilots are informed about...
1 Pages(250 words)Term Paper

Historical Background Of Lincolns Position

...Historical Background Of Lincoln’s Position Introduction Abraham Lincoln remains the most revered of all US presidents. In fact, historians fondly suggest that the only figure rivaling the number of essays written in America about Lincoln in Jesus Christ. In America, Lincoln holds so high a moral status that his images and quotes are used as reference points to America’s highest values. Despite the high praises bestowed upon Lincoln’s legacy, it is worth acknowledging the fact that as a Congressman and finally a president, Lincoln was constantly ridiculed by political elites from both the North and Southern states. In their works, many essayists writing about Lincoln often encounter conflicting moments when trying to balance... by his...
6 Pages(1500 words)Book Report/Review
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Coursework on topic Historical Background that Led to the Eighth Amendment for FREE!

Contact Us