8C1
The Eighth Amendment

Essential Question: How do the issues which prompted the creation of the amendments compare with the issues they are applied to today?
The issues that prompted the creation of the amendments compare with the issues that are applied to today because there are still some court cases the result in cruel and unusual punishment and sometimes there are excessive bails set for the felon. One case was just a couple years ago in 2013 where "the Supreme Court heard cases involving the two most extreme punishments in the American criminal justice system: life without the possibility of parole and the death penalty."


1.What does the 8th amendment guarantee?

It guarantees restrictions against the federal government from setting excessive bail and prohibits the use of cruel and unusual punishment.

https://en.wikipedia.org/wiki/Eighth_Amendment_to_the_United_States_Constitution
1.Why was the 8th amendment created?

The eighth amendment was created to protect us from unfair treatment for people accused of a crime, from cruel and unusual punishment also from excessive fines and bail.-Louis gentile

2. What is a reasonable bail?

A reasonable bail for stealing a candy bar is about $100 not $10,000


2. Does the death penalty violate the eighth amendment?



The eighth amendment forbids cruel and unusual punishment so the big question is whether the death penalty is a part of that... Some people say yes some people say no. It is still something that people talk about today and there is no right or wrong answer. -Louis gentile





3. What is cruel and unusual punishment?


Cruel and unusual punishment is punishment that is considered unacceptable due to suffering, pain, or humiliation it inflicts on the person it is being done to.
https://en.wikipedia.org/wiki/Cruel_and_unusual_punishment

3. What would be cruel or unusual punishment?

Unusual punishment is punishment that causes pain or suffering to a person.-Louis gentile



4. Does the death penalty violate the 8th amendment?

The Supreme Court says the the death penalty doesn't violate the eighth amendment. But the eighth amendment does shape certain routine characteristics regarding when a jury may choose to use the death penalty and how it must carried out.
https://www.law.cornell.edu/wex/death_penalty




4. What was the eighth amendment designed to do?



The eighth amendment was designed to protect people from cruel and unusual punishments excessive bail and excessive fines.-Louis gentile

5. When was the 8th amendment ratified?

December 15, 1791

http://constitutioncenter.org/interactive-constitution/amendments/amendment-viii


5.What is reasonable bail?

Bail is money paid by a person in exchange for getting out of jail before going to court. Bail can be denied to a person but it also cannot be excessive Bail/fines.-Louis gentile

6. What types of punishments are prohibited?

Strangling, branding, burning, or locking someone in stocks
http://kids.laws.com/eighth-amendment


7. What are some court cases that are related the 8th amendment?

United States vs. Bajakajian, 1998
United States vs. Salerno, 1987
Gregg vs. Georgia, 1976
Furman vs. Georgia, 1976
Powell vs. Texas, 1968
Robinson vs. California, 1962
Trop vs. Dulles, 1958
Weems vs. United States, 1910
Waters-Pierce Oil Co. vs. Texas, 1909
Wilkerson vs. Utah, 1878

http://badboysbailbondsutah.com/10-cases-violated-the-eighth-amendment/


8. Did the 8th amendment have any origins?

Yes, it's origin comes from the Magna Carta of 1215
http://www.revolutionary-war-and-beyond.com/8th-amendment.html

9. Who wrote the 8th amendment?

Thomas Jefferson
https://en.wikipedia.org/wiki/Eighth_Amendment_to_the_United_States_Constitution

10. When was the 8th amendment passed by congress?

September 25, 1789
http://constitutioncenter.org/interactive-constitution/amendments/amendment-viii