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Topic: Eighth Amendment to the United States Constitution


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In the News (Thu 20 Jun 19)

  
  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.
The constitutionality of capital punishment itself is often challenged, usually on the grounds that it allegedly violates the Eighth Amendment.
Utah, the Supreme Court stated that death by firing squad was not cruel and unusual punishment under the Eighth Amendment.
en.wikipedia.org /wiki/United_States_Constitution/Amendment_Eight   (1362 words)

  
 United States Constitution   (Site not responding. Last check: 2007-10-30)
The Constitution of the United States is the supreme law of the United States of America and is the oldest written national constitution still in force.
Article Six establishes the Constitution and the and treaties of the United States made accordance with it as the supreme law of the land.
Amendments to the Constitution subsequent to the of Rights cover a wide range of The majority of the seventeen later amendments from continued efforts to expand individual civil political liberties while a few are concerned modifying the basic governmental structure drafted in in 1787.
www.freeglossary.com /United_States_Constitution   (3405 words)

  
 No. 00-3431
Finally, Scott claimed that the sentence imposed by the trial court violated the Eighth Amendment of the United States Constitution because it was disproportionate to the gravity of the offense.
The court also rejected Scott's Eighth Amendment argument, concluding that decisions regarding the appropriate length of a sentence are properly decided by the legislature, not the courts.
Finally, Scott claims that the five-year sentence imposed by the trial court is cruel and unusual punishment in violation of the Eighth Amendment of the United States Constitution because it is disproportionate to the gravity of the offense.
www.wisbar.org /res/capp/z2000/00-3431.htm   (1746 words)

  
 FindLaw: U.S. Constitution: Amendments
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.
The amendment was rejected by a convention in the State of South Carolina, on December 4, 1933.
Proclamation was by the Archivist of the United States, pursuant to 1 U.S.C. Sec.
caselaw.lp.findlaw.com /data/constitution/amendments.html   (3842 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).
Subsequently, the United States Supreme Court granted certiorari to determine whether the reversal of the 1963 conviction affected the validity of the death sentence.
Because neither the state courts nor the Court of Appeals considered whether harmless error analysis was applicable to Tuggle's case, the Court vacated the judgment and remanded the case to the Fourth Circuit.
www.capdefnet.org /hat/contents/intro_to_8th/3_intro_to_8th.htm   (6809 words)

  
 Democracy in Action 2002: Proposed Florida Constitutional Amendments   (Site not responding. Last check: 2007-10-30)
Proposing an amendment to the State Constitution identical to a proposed amendment to Section 17 of Article I of the State Constitution which was approved by a statewide vote in 1998.
The amendment changes the prohibition against "cruel or unusual punishment," currently provided in Section 17 of Article I of the State Constitution, to a prohibition against "cruel and unusual punishment" to conform with the wording of the Eighth Amendment to the United States Constitution.
The amendment requires construction of the prohibition against cruel or unusual punishment and the proposed prohibition against cruel and unusual punishment to conform to United States Supreme Court interpretation of the Eighth Amendment to the United States Constitution.
www.abcactionnews.com /onair/amendments/1.shtml   (685 words)

  
 [No title]
STATE of Arkansas CR 96-81 ___ S.W.2d ___ Supreme Court of Arkansas Opinion delivered September 16, 1996 1.
Even constitutional arguments not raised before the trial court will not be considered by this court on appeal.
His attorney stated for the record that appellant was aware that he was to reappear at 9:00 a.m.
courts.state.ar.us /opinions/1996a/960916/cr96-81.txt   (1060 words)

  
 LII: Constitution   (Site not responding. Last check: 2007-10-30)
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.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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.
www.law.cornell.edu /constitution/constitution.billofrights.html   (273 words)

  
 People v. Anderson (1972) 6 C3d 628
These 1966 constitutional revisions did not ratify the death penalty as a permissible means of punishment not governed by the {Page 6 Cal.3d 639} cruel or unusual punishment clause of article I, section 6, for the revisions were merely part of a plan to modernize the Constitution of 1879.
As a consequence of this emphasis on the Eighth Amendment approach the majority of our prior opinions have focused on justifications for continuation of the death penalty which were then believed to exempt it from the federal constitutional prohibition of cruel and unusual punishment without regard to whether it was cruel.
FN 17 The delegates to the constitutional convention of 1849 had reason to be concerned with outlawing punishments which, although apparently accepted as necessary and not unduly cruel, were unusual.
online.ceb.com /calcases/C3/6C3d628.htm   (9915 words)

  
 Converted WP file 21111
This Court has consistently indicated that a criminal sentence may be so long as to violate the proportionality principle implicit in the cruel and unusual punishment clause of the Eighth Amendment of the United States Constitution and Article III, § 5 of the West Virginia Constitution.
For the reasons stated, this Court believes that the defendant's life sentence must be set aside and that he must be remanded to the Circuit Court of Wood County for resentencing.
When it is determined, as provided in section nineteen hereof, that such person shall have been twice before convicted in the United States of a crime punishable by confinement in a penitentiary, the person shall be sentenced to be confined in the penitentiary for life.
www.state.wv.us /WVSCA/docs/spring93/21111.htm   (1522 words)

  
 Fall 1992 Opinion
[u]nder the sixth amendment of the federal constitution and article III, section 14 of the West Virginia Constitution, unless an individual convicted of a misdemeanor was represented by counsel or knowingly and intelligently waived the right to counsel, such prior conviction may not be used to enhance a sentence of imprisonment for a subsequent offense.
The State argues that, by definition, in the course of pleading guilty to at least one of the two counselled second offense shoplifting charges, Appellant had to have admitted to an earlier conviction for first offense shoplifting.
Moreover, the State notes that Appellant has never sought to challenge the constitutionality of any of her plea agreements based either on an assertion of lack of counsel or lack of a knowing and intelligent waiver of counsel.
www.state.wv.us /WVSCA/docs/spring94/21835.htm   (2370 words)

  
 newsbees universe
Summary: Proposes an amendment to the State Constitution identical to a proposed amendment to Section 17 of Article I of the State Constitution which was approved by a statewide vote in 1998.
Summary: Proposes an amendment to Section 6 of Article VIII of the State Constitution to authorize amendments or revisions to the Miami-Dade County Home Rule Charter by special law approved by a vote of the electors of Miami-Dade County and to conform references to the county's name.
Summary: Proposes an amendment to the State Constitution to allow counties to exempt from taxation an increase in the assessed value of homestead property resulting from constructing living quarters for a parent or grandparent of the property owner or the property owner's spouse who is 62 years old or older.
home.att.net /~newsbee/papers/amendments.html   (826 words)

  
 NORTHWESTERN UNIVERSITY NEWSFEED
Adams: One is whether or not the Missouri Supreme Court overstepped its bounds in declaring the juvenile death penalty unconstitutional under the Eighth Amendment of the United States Constitution.
The analysis under the Eighth Amendment is whether there is an evolving consensus that the practice is cruel and unusual.
There have been significant actions in the states to introduce and pass legislation to eliminate the juvenile death penalty in the states that currently still have it.
www.northwestern.edu /univ-relations/broadcast/1_04/adamsjuv.html   (431 words)

  
 "Nor Cruel and Unusual Punishments Inflicted"
Those famous words from the Eighth Amendment of the United States Constitution have been violated many times in the past, and the tradition continues with a vengeance.
AIDS is the leading cause of death among inmates in New York prisons and is rapidly approaching this crisis level in other states because the nationwide AIDS policies of correctional institutions are often cold and contradictory.
While in other state prison systems, these statistics are not as high as in the New York prison system, there are other factors which weigh heavy on the inmates who have HIV.
www.aegis.com /pubs/bala/1992/BA920211.html   (893 words)

  
 United States House of Representatives, 109th Congress, 2nd Session: Educational Links
United States House of Representatives, 109th Congress, 2nd Session: Educational Links
The full text amendments 11 through 27 to the Constitution that have been ratified.
The full text of amendments to the Constitution that have been proposed but not ratified.
www.house.gov /Constitution/Amend.html   (126 words)

  
 2002 Amendments and Referenda
Requires the Legislature to provide by general law for the provision of an economic impact statement to the public prior to the public voting on an amendment of the Florida Constitution proposed by initative.
Proposing an amendment to Section 6 of Article VIII of the State Constitution to authorize amendments or revisions to the Miami-Dade County Home Rule Charter by special law approved by a vote of the electors of Miami-Dade County and to conform references to the county's current name.
Proposes an amendment to the State Constitution to allow counties to exempt from taxation an increase in the assessed value of homestead property resulting from contructing living quarters for a parent or grandparent of the property owner or the property owner's spouse who is 62 years old or older.
www.brevardelections.org /02amend.htm   (1774 words)

  
 Newsfeed: Lauren Girard Adams, Observer Online (02-12-2004), Northwestern University
One is whether or not the Missouri Supreme Court overstepped its bounds in declaring the juvenile death penalty unconstitutional under the Eighth Amendment to the United States Constitution.
There have been significant actions by states to introduce and pass legislation to eliminate the juvenile death penalty where it currently exists.
The United States is virtually alone in the world in openly and legally continuing it.
www.northwestern.edu /observer/issues/2004-02-12/newsfeed.html   (427 words)

  
 The Bill of Rights   (Site not responding. Last check: 2007-10-30)
Amendment II A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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usinfo.state.gov /usa/infousa/facts/funddocs/billeng.htm   (237 words)

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