The Eighth Amendment Cruel and unusual punishment

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."The 8th Amendment prohibits the federal government from imposing harsh penalties on criminal defendants. In 1689 England adopted a bill of rights that prohibited "cruel and unusual punishments." In 1776, a man by the name of George Mason included a prohibition of cruel/unusual punishments in the Declaration of Rights drafted for the Commonwealth of Virginia. In 1791, the same prohibition became an important component of the Eighth Amendment to the U.S. Constitution.

Somebody says the court gave the criminal guy leniency by sentencing him to 150 years, showing court gave him a longer time prison. This relates back to the 8th amendment because it states that excessive bail should not be required at all. 150 years at any age is obviously until death, nobody lives for 150 years, proving that his sentence is excessive. No matter the crime it isn't possible to serve 150 years in jail, like it says in the 8th, cruel and unusual punishment is not allowed therefore that is excessive.

In 1958, Albert Top (an American Citizen) had made the decision to quit the military career he had while on a mission in Morocco. A few years later he was going out of country and needed his passport, in the process, his application was denied. As the Nationality act (1940) explain, if you abandon the military service your US citizenship is gone. In his favor the punishment was rejected by the Supreme Court. The reasoning was it came to the destruction of a person. The 8th amendment clearly states that excessive fines and or punishments are not to be imposed, this situation is a violation of the 8th because they rejected him claiming him not to be a U.S. citizen even though he served in the military. Just because he left the service does not mean hes not a legalized citizen.

Some people often would like the option to repeal the 8th amendment, sometimes for one reason or another. You see a lot of protests and pictures online of people with signs and posters trying to make a difference and get rid of the 8th. Most of the time it is on the topic of abortions, there's many facts and statistics that the 8th has technically led to deaths of women and children. The 8th says that it criminalizes you for an abortion, unless life of mother is in hands. You notice this in Ireland especially because women have been denied in the process of trying to gt a life saving procedure. More than 150,000 women have traveled to other countries to get the surgery and survive. If caught with the procedure, patient and doctor are at risk of 14 years in jail.
In this picture is a small protest showing its not right to unfair and excessive punishments as said in the 8th. Water Boarding is when a person lies face up with a board sloping off each side of their face while strapped down. A cloth is placed on there face and they pour water constantly so the person has the feeling of drowning, suffocating practically done, and last second they are released. That is and example of torture which is cruel and not ethical to humans. The eighth amendment has stated that cruel and unusual punishments are not to inflicted, any torture breaks that and is not to be done.

"10 Cases that Violated the Eighth Amendment Banning Excessive Bail and Punishment." Bad Boys Bail Bonds. N.p., 2016. Web. 23 Dec. 2016. APA MLA Chicago

"8 Reasons to Repeal the 8th Amendment." Abortion Rights Campaign Ireland. N.p., n.d. Web. 23 Dec. 2016.

"Landmark Cases of the U.S. Supreme Court." Home | N.p., n.d. Web. 23 Dec. 2016.

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Jake Santos

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