Welsh+Period+1+Amendment+8

= __ Amendment 8 __        = By Will, Alana, and Mark

[[image:starbar.gif width="559" height="28" link="http://score.rims.k12.ca.us/score_lessons/bill_of_rights/media/eight.htm"]]

 * Background:**

=
The reason why this amendment was created was that the punishments were too harsh and cruel like strangling, burning, or being pulled apart, literally, like at the time this amendment was being written. The bails and fines were also way too excessive at the time this amendment was being written. It was proposed September 25, 1789. James Madison wrote Amendment 8 along with the other amendments in the Bill of Rights. About 2.2 years after Amendment 8 was proposed, Amendment 8 was ratified as part of the Bill of Rights in December 15,1791. This amendment was modeled after an amendment from the English Bill of Rights, which states, "excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Thanks to the Eighth Amendment, every punishment or bail or fine is to be based according to the crime, or else it will be considered unconstitutional.======
 * Questions:**

Amendment 8 was ratified in 1791. It was proposed September 25th 1789.
 * 1. When was amendment 8 ratified?**[[image:billorit.gif align="right" link="http://images.google.com/imgres?imgurl=http://www.wapa.gov/es/pubs/esb/1999/99Oct/graphics/billorit.gif&imgrefurl=http://www.wapa.gov/es/pubs/esb/1999/99Oct/at_bill.htm&usg=__N8VDiUgCbR2OjaZdB6UA5CgT1-M=&h=331&w=280&sz=6&hl=en&start=4&um=1&tbnid=7dRE2kgXZFyERM:&tbnh=119&tbnw=101&prev=/images%3Fq%3Dbill%2Bof%2Brights%26um%3D1%26hl%3Den%26client%3Dsafari%26rls%3Den%26sa%3DX"]]
 * 2. When was Amendment 8 proposed?**

At the time it was ratified people were sometimes pulled apart, strangled, burned, disemboweled, and branded for an execution.
 * 3. What were the issues about amendment 8 at the time it was ratified?**

You are allowed to impose as many fines as long as the fines suit the crime.
 * 4. How many fines are you allowed to impose?**

This amendment was ratified because the bails and fines were too excessive and the punishments were too harsh. **6. What are the issues about this amendment today?** The issues on this amendment today are about if certain death penalties are constitutional or not.
 * 5. Why was it ratified?**

** The death penalty is used when an adult commits murder or terrorist attacks. **   **8. How long did Amendment 8 take to get ratified?** ** This Amendment took about 2.2 years to get ratified along with the Bill of Rights. ** **9. What was the voting of the state legislatures for Amendment 8?** Three-Fourths of the states legislatures ratified this amendment with the Bill of Rights. **10. How old do you have to be to have the death penalty?** The age limit for the death penalty is 18 years old. **Current Events:** http://www2.ljworld.com/news/2006/mar/25/kansas_death_penalty_case_back_court/?politics (www2.ljworld.com) by Will
 * 7.** **When is the death penalty used?**

T his article is about the supreme courts dicision to rehear arguments from cases before ruling The Kansas death penalty Because they think it is too harsh. This move pleased officials. In 1994 there was a law that said if the evidence for and against imposing a death sentence segual. They revewed this case witch was about Micheal March II and was sentenced to death for killing a women and her 19 year old daughter. This case mostly talked about how harsh the Kansas death penelty was. The case talked about how the Kansas death pelenty might be overruled (the article didnt say). There was another hearing date set and it talked about how he shouldnt be sentenced the death penelty. this article shows that some people think that the death penelty is wrong and mostly Kansas death penalty. http://www.law.duke.edu/publiclaw/supremecourtonline/certgrants/2006/panvqua (www.law.duke.edu) by Alana

This article is about Panetti being convicted of murder. This was applied in the state court of Texas. Two mental experts have said that Panetti knows he will be executed and he should understand the reason why. The state court dicussed the situation and agreed that Panetti should be executed. Panetti argued that the eighth amendment doesn't allow the execution of someone who doesn't get the understanding of why the court agreed for him/her to be executed. the amendment states that the person must have a "rational understanding" about being put to death. There needs to be a connection with the person and what he or she had done. There were then questions if the person should be excecuted when they have a severe mental illness which causes them to be confused about why they are executed. This article relates to amendment 8 because its debating the details about the thingss that have to be made sure of before anyone gets executed. [|Justices to Enter Over the Debate Over Lethal Injection] (www.nytimes.com) by Mark

This article is about the case of Baze vs. Rees (2008) and how Ralph Baze and Thomas C. Bowling were to be sentenced to death in Kentucky. Before they were executed, they argued that the lethal injection would violate the 8th Amendment as being a cruel and unusual punishment. Legal action over lethal injections caused executions to be stopped in nine states. The issue on this case was whether lethal injections are constitutional or unconstitutional. The reason why lethal injections are cruel and unusual is because the courts evaluated that if the first drug (make the person go unconscious) doesn't work, then the person would be able to feel the pain of their heart stopping (from another drug), but won't be able to move or call for help. The Kentucky Supreme Court said that lethal injections didn't present a big risk of pain, so the method was considered constitutional. This article relates to Amendment 8 because it is about the issues people have today about this amendment. Another reason why this article relates to Amendment 8 is that it is about a death penalty and if it violates the 8th Amendment as cruel and unusual punishment.


 * Sources: **[[image:images.jpeg width="270" height="201" align="right" link="http://images.google.com/imgres?imgurl=http://americasbesthistory.home.att.net/US_Flag_3.jpg&imgrefurl=http://americasbesthistory.home.att.net/abhtimeline1950.html&usg=__3OM3qySNWuATb4vSiNtY4rxGHg8=&h=768&w=1024&sz=277&hl=en&start=6&tbnid=X35KQ0FmvE3pFM:&tbnh=113&tbnw=150&prev=/images%3Fq%3Dus%2Bflag%26gbv%3D2%26hl%3Den%26sa%3DG"]]

http://score.rims.k12.ca.us/score_lessons/bill_of_rights/media/eight.htm

http://www.usconstitution.net/xconst.html http://caselaw.lp.findlaw.com/data/constitution/amendment08/

http://law.jrank.org/pages/6368/Eighth-Amendment.html       