THE 8th amendment is considered one of the most controversial amendment of the constitution.
Critics of the amendment believe the death penalty in the United States goes against what the constitution originally intended.
What is the 8th amendment?
The 8th Amendment prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.
It ensures that punishments for crimes are not excessive, cruel, or unusual, and that all citizens are guaranteed their rights despite having a criminal record.
Despite the court's ruling against it, many people believe that the death penalty goes against The 8th Amendment.
The Amendment was adopted December 15, 1791 with no clear direction on what it specifically covers.
The Cruel and Unusual Punishments Clause is one of the most controversial parts of the Amendment but it is also the most important part in ensuring people's rights.
What makes the cruel and unusual punishments clause controversial?
The 8th Amendment has made certain punishments forbidden in the United States but the cruel and unusual clause still sparks controversy.
Some of the punishments that are now forbidden due to the Amendment include torture, burning alive, quartering, and even taking away a person's U.S. citizenship.
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.
In the 1992 Supreme Court Case Hudson v. McMillian, they reviewed a case where a prisoner had been handcuffed by corrections officers and beaten to the point where his teeth were loosened and his dental plate was cracked.
Seven justices ruled that the prisoner had suffered cruel and unusual punishment under the 8th Amendment however two justices disagreed.
There are still no clear set of definitions on what can be considered cruel and unusual, but the 8th Amendment is still important when it comes to human rights and ensuring that all citizens are guaranteed their rights.
How many amendments are in the constitution?
There are 27 amendments in the United States constitution.
- 1st Amendment
- 2nd Amendment
- 3rd Amendment
- 4th Amendment
- 5th Amendment
- 6th Amendment
- 7th Amendment
- 8th Amendment
- 9th Amendment
- 10th Amendment
- 11th Amendment
- 12th Amendment
- 13th Amendment
- 14th Amendment
- 15th Amendment
- 16th Amendment
- 17th Amendment
- 18th Amendment
- 19th Amendment
- 20th Amendment
- 21st Amendment
- 22nd Amendment
- 23rd Amendment
- 24th Amendment
- 25th Amendment
- 26th Amendment
- 27th Amendment
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