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Eighth Amendment to the United States Constitution - Wikipedia, the free encyclopedia Amendment VIII (the Eighth Amendment) of the United States Constitution, which is part of the U.S. Bill of Rights, prohibits excessive bail or fines, as well as cruel and unusual punishment. Traditionally, the length of a prison sentence was not subject to scrutiny under the Eighth Amendment, regardless of the crime for which the sentence was imposed. The Court declared the execution of the mentally retarded to be unconstitutionally cruel and unusual in 2002, and in 2005 it declared unconstitutionally cruel and unusual the death penalty for people who were under age 18 at the time of their crime. en.wikipedia.org /wiki/Eighth_Amendment_to_the_United_States_Constitution   (1089 words)

ELS - ERD - Law By Country - United States Substantive Law   (Site not responding. Last check: 2007-10-08) Amendment X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. The twenty-first amendment to the Constitution was proposed to the several states by the Seventy-Second Congress, on the 20th day of February, 1933, and was declared, in a proclamation by the Secretary of State, dated on the 5th day of December, 1933, to have been ratified by 36 of the 48 States. The amendment was rejected by Mississippi (and not subsequently ratified) on December 20, 1962. www.law.emory.edu /FEDERAL/usconst/amend.html   (2796 words)

Eighth Amendment - Wikipedia, the free encyclopedia Eighth Amendment to the United States Constitution - part of the bill of rights. Eighth Amendment of the Constitution of Ireland - introduced the constitutional ban on abortion. Eighth Amendment to the Constitution of Pakistan - changed Pakistan's government from a parliamentary system to a semi-presidential system. en.wikipedia.org /wiki/Eighth_Amendment   (112 words)

Eighth Amendment to the Constitution of Pakistan - Wikipedia, the free encyclopedia The Constitution (Eighth Amendment) Act, 1985 was an amendment to the Constitution of Pakistan passed in 1985. In 1997, the Thirteenth Amendment was passed, stripping the President of the power to dissolve the National Assembly and call for new elections, effectively reducing the Presidency to a figurehead. Consequently, the Thirteenth and Fourteenth Amendments had the effect of removing the institutional Checks and Balances on the Prime Minister's power, by giving him immunity from being legally dismissed. en.wikipedia.org /wiki/Eighth_Amendment_to_the_Constitution_of_Pakistan   (296 words)

FindLaw: U.S. Constitution: Amendments The amendment was rejected (and not subsequently ratified) by Kentucky, Maryland, and Tennessee. The amendment was rejected by Georgia on July 24, 1919; by Alabama on September 22, 1919; by South Carolina on January 29, 1920; by Virginia on February 12, 1920; by Maryland on February 24, 1920; by Mississippi on March 29, 1920; by Louisiana on July 1, 1920. This amendment was subsequently ratified by Virginia in 1952, Alabama in 1953, Florida in 1969, and Georgia and Louisiana in 1970. caselaw.lp.findlaw.com /data/constitution/amendments.html   (3846 words)

Legal Definition of 'Eighth Amendment' EIGHTH AMENDMENT - 'Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.' Helm (1983) 463 U.S. 277 a split court found a life sentence without the possibility of parole for a seventh nonviolent felony was unconstitutional. In Harmelin, Justice Scalia, joined by Chief Justice Rehnquist, determined Solem was wrongly decided and the Eighth Amendment contained no proportionality guarantee. www.lectlaw.com /def/e082.htm   (488 words)

Seanad Éireann - Volume 100 - 25 May, 1983 - An Bille um an Ochtú Leasú ar an mBunreacht, 1982: An Tuarascáil ... I am suggesting that by accepting this amendment we should make certain that in these cases where medical necessity requires that the life of one or the other, the mother or the foetus, has to be chosen we should make sure it is the mother's life that is chosen. The proposed amendment could result in conscientious doctors in this country being forced to practice in a fashion which is different from the accepted medical practice pertaining to the treatment of certain conditions throughout the world at the present time. He then says that he does no accept the amendment put forward by Senator McGuinness in which she is proposing that instead of talking about the equal life the wording would be the prior life. www.oireachtas-debates.gov.ie /S/0100/S.0100.198305250008.html   (8502 words)

Contents of II. DEFINING THE “CRUEL AND UNUSUAL PUNISHMENT” CLAUSE OF THE EIGHTH AMENDMENT   (Site not responding. Last check: 2007-10-08) This Section aims to show that the Eighth Amendment was designed to serve progressive ends, and so what at one point in time may be considered decent and constitutional, may at another time be found cruel and unconstitutional. By tracing the origins and evolution of the Eighth Amendment, it becomes clear that the ban on cruel and unusual punishment entails injecting an element of humanity in the sanctioning of law breakers, making it impossible to continue the draconian penal practice of shame. Most importantly, the Court recognized that the Eighth Amendment was in fact progressive and “that ‘evolving standards of decency’ is the litmus test for determining whether a law violates the principles embodied in the Eighth Amendment. www.law.upenn.edu /journals/conlaw/issues/vol4/num4/spatz/node4_ct.html   (2358 words)

Seanad Éireann - Volume 100 - 05 May, 1983 - An Bille um an Ochtú Leasú ar an mBunreacht, 1982: An Dara Céim ... This amendment and the philosophy behind it and the values that it represents is not the way to achieve that sense of mutual respect. I am against the amendment because of the tone and the tactics and the attitudes and the implicit values of many who support it, because the underlying reasons and because the tactics fly in the face of what I believe in as a practising Catholic to be real Christianity. I am opposed to this amendment because in spirit, in principle, and in terms of the tactics used and the philosophy behind it, it opposes the fundamental values that I stand for and which motivate my life. www.oireachtas-debates.gov.ie /S/0100/S.0100.198305050005.html   (18478 words)

The Constitution of the United States of America Florida, 463 U.S. \103\In Eighth Amendment cases as in other contexts involving harmless constitutional error, the court must find that error was ```harmless beyond a reasonable doubt in that it did not contribute to the [sentence] obtained.''' Sochor v. Mississippi rule that the Eighth Amendment is violated by prosecutorial misstatements characterizing the jury's role in capital sentencing as merely recommendatory. Whether the Eighth Amendment or the due process clauses will govern the requirement of the recognition of capacity defenses to criminal charges, or whether either will, remains to be decided in future cases. www.gpoaccess.gov /constitution/html/amdt8.html   (8387 words)

FindLaw: U.S. Constitution: Eighth Amendment: Annotations pg. 6 of 9 Wainwright 133 that the Eighth Amendment prohibits the state from carrying out the death penalty on an individual who is insane, and that properly raised issues of execution-time sanity must be determined in a proceeding satisfying the minimum requirements of due process. Kentucky 140 held that the Eighth Amendment does not categorically prohibit imposition of the death penalty for individuals who commit crimes at age 16 or 17. Florida, 463 U.S. [Footnote 103] In Eighth Amendment cases as in other contexts involving harmless constitutional error, the court must find that error was '''harmless beyond a reasonable doubt in that it did not contribute to the [sentence] obtained.''' Sochor v. caselaw.lp.findlaw.com /data/constitution/amendment08/06.html   (7037 words)

Page 8   (Site not responding. Last check: 2007-10-08) This amendment tells that judges can't charge a lot of money for bail unless the crime is very serious. This Amendment to me means, that the judge can't make someone's bail so high that they can't even afford it, if it is not a serious crime. The first half of my picture of the 8th Amendment has a man on the electric chair, he's saying that all he did was get a speeding ticket. www.towson.edu /csme/mctp/StudentProjects/BilloRights/page8.html   (613 words)

The U.S. Constitution Online - USConstitution.net Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. www.usconstitution.net /const.html   (5179 words)

The Raw Story | Scalia: Let the majority interpret the eighth amendment Simmons, a case challenging the constitutionality of executing teenagers, stated that executing 16 and 17 year olds is indeed a violation of the Eighth Amendment’s prohibition of cruel and unusual punishment. Pragmatically, I support the recent incremental steps limiting the death penalty, and if the Court were to decide that the death penalty itself was a violation of the Eighth Amendment, I’d think it was a good move. Judging the meaning of the Eighth Amendment by opinion poll is harmful because if our assessment of ‘cruel and unusual’ is really societal consensus, then there’s no reason to have it in the Constitution. www.rawstory.com /exclusives/dara/eighth_amendment_030305.htm   (757 words)

Joan Dayan: Cruel and Unusual Estelle had presented two alternatives for the validation of Eighth Amendment violations: either those that are incompatible with the “evolving standards of decency that mark the progress of a maturing society” or those that “involve the unnecessary and wanton infliction of pain.” Wilson made no allowance for such a choice. The Rehnquist court’s Eighth Amendment cases prepared the ground for the verbal quibbles, fastidious distinctions, and parsing of definitions that characterize the recent memoranda prepared for the “war on terror.” The legal decimation of personhood that began with slavery has been perfected in the logic of the courtroom and adjusted to prisoners. Whether the Eighth Amendment has been violated or not does not depend on the cruel and inhumane treatment of prisoners: it depends on the motivation or intention of prison officials. www.bostonreview.net /BR29.5/dayan.html   (5337 words)

SELECTIVE INSURANCE GROUP INC - SIGI Quarterly Report (10-Q) EXHIBIT 10 Eighth Amendment Fee Letter shall mean the letter from Wachovia to the Parent, dated June 25, 2004, relating to certain fees payable by the Parent in respect of the transactions contemplated by the Eighth Amendment, as amended, modified or supplemented from time to time. This Eighth Amendment is limited as specified and shall not constitute or be deemed to constitute an amendment, modification or waiver of any provision of the Credit Agreement except as expressly set forth herein. This Eighth Amendment shall be binding upon, inure to the benefit of and be enforceable by the respective successors and permitted assigns of the parties hereto. sec.edgar-online.com /2004/08/04/0000230557-04-000147/section18.asp   (1954 words)

FindLaw Constitutional Law Center: U.S. Constitution: Eighth Amendment: Annotations pg. 7 of 9 Vermont148 argued in dissent that in addition to prohibiting punishments deemed barbarous and inhumane the Eighth Amendment also condemned ''all punishments which by their excessive length or severity are greatly disproportionate to the offenses charged.'' In Weems v. Texas,155 a majority of the Justices took the latter view of Robinson, but the result, because of a view of the facts held by one Justice, was a refusal to invalidate a conviction of an alcoholic for public drunkenness. Fleming, 191 U.S. [Footnote 149] 217 U.S. The Court was here applying not the Eighth Amendment but a statutory bill of rights applying to the Philippines which it interpreted as having the same meaning. supreme.lp.findlaw.com /constitution/amendment08/07.html   (1593 words)

Introduction to the 8th Amendment The Eighth Amendment to the United States Constitution is the key constitutional provision in capital cases; thus, in the main, we discuss here the Eighth Amendment principles developed by the Supreme Court in the modern era of capital punishment (post-1972). Because Smith's Sixth Amendment right to counsel had clearly attached, and because the decision to submit to a psychiatric examination is "literally a life or death matter," 451 U.S. at 471, a defendant should not be forced to resolve such an important issue without the "guiding hand of counsel." Id. Accordingly, whether the Framers intended the Eighth Amendment to preclude a particular punishment depends in turn upon the view taken by the common law toward the punishment. www.capdefnet.org /hat/contents/intro_to_8th/3_intro_to_8th.htm   (6809 words)

The Eighth Amendment   (Site not responding. Last check: 2007-10-08) In the 1960's, the court ruled against the death penalty as a "cruel and unusual punishment", which was forbidden by the eighth amendment of the Constitution. The U.S. Supreme Court, in a majority of five to four, ruled that the death penalty was "cruel and unusual" and thus violated the eighth amendment. Part of the Eighth Amendment is to protect individuals from punishments that may be too harsh for the crimes committed. www.cyberlearning-world.com /nhhs/essays/death.htm   (562 words)

LII: Law about...the Death Penalty   (Site not responding. Last check: 2007-10-08) The Supreme Court has ruled that the death penalty is not a per se violation of the Eighth Amendment's ban on cruel and unusual punishment. Furthermore, the Sixth Amendment does not require a jury trial on the sentencing issue of life or death. Virginia, 536 U.S., the Supreme Court used the same line of reasoning to rule that executions of mentally retarded criminals are "cruel and unusual punishments" which are prohibited by the Eighth Amendment. www.law.cornell.edu /topics/death_penalty.html   (277 words)

Modern Eighth Amendment Prison Doctrine Aside from saying that the subjective prong of the 8th Amendment analysis—deliberate indifference on the part of prison officials—would be determined by examining prison officials' current attitudes and behavior in exposing the prisoner to tobacco smoke that could result in serious health consequences, the Court left this issue largely unelaborated. Of course, the Court left the factfinder to determine whether or not prison officials had the requisite knowledge of the substantial risk, noting that circumstantial evidence might be helpful as well as the fact that the risk was obvious. O’Connor wrote that the objective prong of an 8th Amendment analysis is both contextual in nature—dependent on the need for force, the relationship between the magnitude of the need and the amount of force actually used—and subject to an evolving standards assessment. home1.gte.net /cjhawk/Haney_Eighth_Amendment_Doctrine.htm   (2590 words)

Journal of Criminal Law and Criminology: Eighth Amendment - the constitutionality of the Alabama capital sentencing ...   (Site not responding. Last check: 2007-10-08) Eighth Amendment - the constitutionality of the Alabama capital sentencing scheme.(Supreme Court Review)(Case Note) Journal of Criminal Law and Criminology; 6/22/1996; Garvey, Karin E. Alabama's capital sentencing scheme does lead to arbitrary sentencing in violation of the Eighth Amendment and the Supreme Court erred in upholding that scheme in Harris v. The resulting sentences then violate the eighth amendment and have the arbitrariness which the Furman ruling tried to prevent. www.highbeam.com /library/doc0.asp?DOCID=1G1:18731208&refid=holomed_1   (211 words)

Comment: Technology and the Eighth Amendment: The Problem of Supermax Prisons Placing the Eighth Amendment in an historical perspective is necessary to predict future Eighth Amendment application in light of ever-changing prison technology. Wilson, the Court refined the Eighth Amendment test to allow for a more consistent application, but in so doing it articulated a high culpability requirement on the part of prison officials coupled with the deprivation of basic human needs. adjudication of Eighth Amendment claims must occur in light of contemporary standards of decency, as articulated not by the general public but by mental health professionals who are uniquely qualified to lead this debate. www.jolt.unc.edu /Vol4_I1/Web/Pettigrew-V4I1.htm   (4495 words)

SSRN-Excessive Prison Sentences, Punishment Goals, and the Eighth Amendment: 'Proportionality' Relative to What? by ... The focus is on the assessment of lengthy prison sentences under the Eighth Amendment. Justices Scalia and Thomas believe that the concept of proportionality is unworkable; they assert that the concept is inherently tied to retributive sentencing goals, yet the Court's cases specify that the Constitution permits sentences to be based on a variety of non-retributive (crime-preventive) goals. The article is principally addressed to scholars, lawyers, and judges seeking to interpret the Eighth Amendment and its state constitutional counterparts. papers.ssrn.com /sol3/papers.cfm?abstract_id=623082   (451 words)

SSRN-Constitutional Structure and the Scope of Judicial Discretion Under the Eighth Amendment by Bradford Clark Simmons, the Supreme Court declared that the cruel and unusual punishments clause of the Eighth Amendment delegates to federal courts broad discretion to exercise independent judgment concerning the acceptability of punishments authorized by state law. However widely a punishment is employed, the Court claimed the ultimate authority to displace it based on the Court's own assessment of the penological effectiveness of the punishment and the moral culpability of the particular class of offenders. Absent clear evidence that a particular constitutional text, such as the Eighth Amendment, authorizes this degree of judicial discretion, the constitutional structure - as illuminated by these past cycles of discretion and retreat - counsels against it. papers.ssrn.com /sol3/papers.cfm?abstract_id=809425   (378 words)

Search the Opinions of the US Supreme Court The California Court of Appeal's decision that Ewing's sentence under the State's three strikes law is not grossly disproportionate under the Eighth Amendment's prohibition on cruel and unusual punishments is affirmed. Respondent Alabama prison guards were not entitled to qualified immunity at the summary judgment phase where reasonable officers would have known that using a hitching post to punish a prisoner under the circumstances alleged by petitioner inmate violated the Eighth Amendment prohibition against cruel and unusual punishment. Executions of mentally retarded criminals are "cruel and unusual punishments" prohibited by the Eighth Amendment. neuro.law.cornell.edu /supct/search/search.html?query=eighth+and+...   (1351 words)

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