how can a lawyer agrue the eighth amendment in their case

Which of the following does the 8th Amendment prohibit?

Jul 31, 2015 · First, the amendment addresses the issue of bail. The 8th Amendment prohibits the government from charging more money for bail or fines than is reasonable. In addition, two factors must be...

What does the 8th amendment say about punishment?

In one important 8th Amendment court case, the Waters-Pierce Oil Co. was charged with violating Texas' anti-trust law. The fine imposed was $5,000 a day for every day the alleged breaking of the law occurred. Waters-Pierce was accused of violating the anti-trust law for over 300 days, making the fine over $1.6 million dollars.

Why are the 8th Amendment court cases so important?

Dec 03, 2018 · Though the Eighth Amendment’s protection against excessive bail was incorporated in Schilb v Kuebel, 404 U.S. 357 (1971), and the protection against cruel and unusual punishments was incorporated in Robinson v California, 370 U.S. 660 (1962), the Excessive Fines Clause has not, until now, been addressed. In Timbs v.

What is an example of a violation of the 8th Amendment?

Thus, in order to avoid improper judicial interference with state penal systems, Eighth Amendment judgments must be informed by objective factors to the maximum extent possible. But when the challenge to punishment goes to the length rather than the seriousness of the offense, the choice is necessarily subjective.

Why do people disagree with the 8th Amendment?

One of the most significant of these new powers was the power to create federal crimes and to punish those who committed them. Opponents of the Constitution feared that this new power would allow Congress to use cruel punishments as a tool for oppressing the people.

What Court cases deal with the 8th Amendment?

10 Cases that Violated the Eighth Amendment Banning Excessive Bail and Punishment United States v. Bajakajian, 1998. ... United States v. Salerno, 1987. ... Gregg v. Georgia, 1976. ... Furman v. Georgia, 1972. ... Powell v. Texas, 1968. ... Robinson v. California, 1962. ... Trop v. Dulles, 1958. ... Weems v. United States, 1910.More items...

How does the 8th amendment affect law enforcement?

As previously discussed, the 8th Amendment prohibits the federal government from imposing excessive fines or bail, and from inflicting cruel and unusual punishments on criminal defendants.Aug 19, 2021

How is the 8th Amendment violated?

A prison guard's deliberate indifference to a prisoner's serious illness or injury would constitute cruel and unusual punishment which would violate the Eighth Amendment.

Who disagreed with the 8th Amendment?

Seven U.S. Supreme Court justices ruled that the prisoner had suffered cruel and unusual punishment under the Eighth Amendment. Two justices, ANTONIN SCALIA and CLARENCE THOMAS, disagreed.

What is controversial about the 8th Amendment?

The 8th Amendment is controversial because the terms 'cruel and unusual' have been considered subjective terms and the courts have been divided on how to read the 8th Amendment. For example, the death penalty is still legal in some states while other states find it cruel and unusual.May 18, 2021

Does the 8th Amendment apply to civil cases?

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The Eighth Amendment deals only with criminal punishment, and has no application to civil processes.

How does the Eighth Amendment protect people found guilty of a crime?

Eighth Amendment Protections Against Cruel Punishments, Excessive Bail, and Excessive Fines. The Eighth Amendment provides three essential protections for those accused of a crime, on top of those found in the Fifth and Sixth Amendments: It prohibits excessive bail and fines, as well as cruel and unusual punishments.Dec 13, 2021

How is the 8th amendment important?

The eighth amendment is very important because it guarantees many “freedom from” rights. For example, it protects Americans from cruel and unusual punishments. Without the eighth amendment many people would be punished in an inhumane manner based on the morals of the judge.

When has the Eighth Amendment been challenged?

An important test of the 8th Amendment's prohibition against cruel and unusual punishment came in 1910, when an American Coast Guard and Transportation officer, Paul Weems, was charged with crimes committed while he served in the Philippines, then a U.S. protectorate.Feb 27, 2020

Which of the following cases held that it is a violation of the 8th Amendment to sentence to death a defendant who committed his or her capital crime under the age of 18?

Thompson v. OklahomaIn Thompson v. Oklahoma, 487 U.S. 815 (1988), the United States Supreme Court held that imposing the death penalty for murders committed by a person who was younger than age 16 at the time of the offense constituted cruel and unusual punishment, in violation of the Eighth Amendment to the United States Constitution.

Can you sue for cruel and unusual punishment?

The Eighth Amendment to the United States Constitution prohibits the infliction of "cruel and unusual punishments." Virtually every state constitution also has its own prohibition against such penalties.

What is the 8th amendment?

The 8th Amendment was ratified in 1791 at the same time as the rest of the Bill of Rights, which are the first ten amendments to the Constitution. James Madison wrote these ten amendments which are designed to limit the powers of government in favor of individual freedoms whenever possible.

Which amendment says that bail is not required?

The 8th Amendment to the United States Constitution says, ''Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.''. This amendment was passed in 1791 at the same time as the rest of the Bill of Rights, which consist of the first ten amendments to the Constitution.

Which amendment protects the presumption of innocence?

Some of the amendments prohibit the government from overreach into citizens' private lives. The 8th Amendment is designed, in part, to protect the presumption of innocence; that is, excessive bail cannot be used as a way to punish those who have not yet been convicted of a crime. {"error":true,"iframe":true}.

What is excessive bail?

First, the term ''excessive bail'' refers to the concept of reasonable bail, the amount of money the court assesses to an accused for their temporary release from incarceration while waiting for their trial date, when the court finds it is appropriate to allow bail.

What is the Supreme Court case about the treatment of prisoners?

Several court cases address the treatment of prisoners. Francis v. Resweber, for example, takes up the matter of cruel and unusual punishment. This case was brought before the Supreme Court of the United States after the electric chair malfunctioned at the execution of Willie Francis, a black teenager, in Louisiana. Francis attempted to stop a second attempt at execution after the equipment was repaired, citing the 8th Amendment's prohibition against cruel and unusual punishment. Francis also believed a second attempt at execution would violate the 5th Amendment's protections against double jeopardy, or prosecution twice for the same crime.

What was the sentence in Harmelin v. Michigan?

In Harmelin v. Michigan, Harmelin was sentenced to life without parole for possession of a large amount of cocaine. Harmelin argued that the punishment was too harsh for the crime, but the Supreme Court ruled that the 8th Amendment does not guarantee that the sentence must be proportional to the crime.

What is the Supreme Court's opinion on Roper v. Simmons?

In Roper v. Simmons, the Supreme Court considered the issue of minors facing execution. Christopher Simmons, a seventeen-year-old, was sentenced to death. He claimed that executing minors is prohibited under the cruel and unusual clause of the 8th Amendment, and the Court agreed.

What is the 8th amendment?

The 8th Amendment prohibits excessive fines, excessive bail and cruel and unusual punishment. The 8th Amendment reads like this:

Which amendment states that death by firing squad is not a violation of the 8th Amendment?

In an important 8th Amendment court case from 1879, called Wilkerson v. Utah, the United States Supreme Court affirmed a decision by the Supreme Court of the Territory of Utah that death by firing squad did not violate the 8th Amendment's Cruel and Unusual Punishments Clause. The Court did mention that some forms of punishment, such as drawing and quartering, public dissecting, burning alive, or disembowelling, would violate the clause.

What are the requirements for the death penalty?

Consequently the Court gave two guidelines which must be followed in order to satisfy the 8th Amendment's proscription of Cruel and Unusual Punishment. The Court stated that the death penalty could only satisfy the 8th Amendment if the following conditions were met: 1 The scheme must provide objective criteria to direct and limit the death sentencing discretion. The objectiveness of these criteria must in turn be ensured by appellate review of all death sentences. 2 Second, the scheme must allow the sentencer (whether judge or jury) to take into account the character and record of an individual defendant.

Why was Trop v. Dulles important?

Dulles, 1958, was one of the most important 8th Amendment court cases because it set a precedent for how the Court would determine which crimes were cruel and unusual and which ones were not.

What was the Supreme Court ruling in Robinson v. California?

In Robinson v. California, 1962, the Supreme Court ruled that a California law making it a misdemeanor to "be addicted to the use of narcotics" was unconstitutional.

When was the death penalty abolished?

The Supreme Court had essentially barred the death penalty with its 1972 8th Amendment court case, Furman v. Georgia. In Gregg v. Georgia, 1976, the Court reaffirmed the death penalty, agreeing that the guidelines they had established in Furman had been met.

What was the case in Powell v. Texas?

In Powell v. Texas, 1968, Powell was convicted of public intoxication, violating Texas law. Powell alleged that this violated the 8th Amendment's Cruel and Unusual Punishments Clause. He argued that since the Court had ruled against criminalizing the state of addiction in Robinson v.

When was the Eighth Amendment passed?

Whether this requirement has been fulfilled is determined not by the standards that prevailed when the Eighth Amendment was adopted in 1791 but by the norms that “currently prevail.”. The Amendment “draw [s] its meaning from the evolving standards of decency that mark the progress of a maturing society.”.

What amendment is the death penalty?

Eighth Amendment: Cruel and Unusual Punishment. The death penalty has been an extremely contentious issue in the United States for decades. The Supreme Court’s jurisprudence on the subject reflects this controversy. In a 1971 decision, McGautha v. California, 402 US 183 (1971), the Court ruled that the death penalty was constitutional.

Which amendment protects against cruel and unusual punishments?

. . . The Eighth Amendment , applicable to the States through the Fourteenth Amendment, provides that “ [e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The Amendment proscribes “all excessive punishments, as well as cruel and unusual punishments that may or may not be excessive.” The Court explained in Atkins, and Roper, that the Eighth Amendment’s protection against excessive or cruel and unusual punishments flows from the basic “precept of justice that punishment for [a] crime should be graduated and proportioned to [the] offense.” Whether this requirement has been fulfilled is determined not by the standards that prevailed when the Eighth Amendment was adopted in 1791 but by the norms that “currently prevail.” The Amendment “draw [s] its meaning from the evolving standards of decency that mark the progress of a maturing society.” This is because “ [t]he standard of extreme cruelty is not merely descriptive, but necessarily embodies a moral judgment. The standard itself remains the same, but its applicability must change as the basic mores of society change.”

How did Christopher Simmons kill Shirley Cook?

When he was 17, Christopher Simmons killed a woman named Shirley Cook. Simmons had said he wanted to murder someone. Simmons discussed his plan with two friends, Charles Benjamin and John Tessmer. Simmons proposed to commit burglary and murder by breaking into a home, tying up a victim, and throwing the victim off a bridge. Simmons told his friends they could “get away with it” because they were minors. On the night of the murder, Simmons and Benjamin broke into the home of the victim, Shirley Crook. Simmons then entered Mrs. Crook’s bedroom, and used duct tape to cover her eyes and mouth and bind her hands. Simmons and Benjamin then put Mrs. Crook in her minivan and drove to a state park. There they tied her hands and feet together with electrical wire, wrapped her whole face in duct tape and threw her from the bridge. Shirley Cook drowned in the waters below.

Who wrote the opinion on the death penalty?

Justice Anthony Kennedy wrote the opinion, arguing that, given the diminished culpability of minors, they are not among the “worst of the worst” offenders, and that neither the principle of deterrence nor retributive justice are appropriate justifications for applying the death penalty to minors.

Does Louisiana have the death penalty?

Louisiana law allows the death penalty for defendants under certain circumstances, including raping children under the age of twelve. Kennedy was convicted by a jury and sentenced to death. In a 5-4 decision the Court found that the Eighth Amendment’s prohibition against “cruel and unusual punishment” bars states from imposing ...