What issues prompted the creation of your amendment?
The 8th Amendment is the section of the Bill of Rights that states that that punishments must be fair, not cruel, and that fines that are have to be reasonable. This amendment was introduced as a part of the Bill of Rights into the U.S. Constitution on September 5, 1789 and was voted for by 9 out of 12 states on December 15, 1791. (Ariana Russo) http://kids.laws.com/eighth-amendment
What impact did your amendment have on society at that time?
The provisons against cruel punishment serve protect us from government tyranny. If this amendment was not included in the Bill of Rights, the government could target someone with "bad" political views and take all their property and imprison them for a long period of time. By banning such excessive punishments, this amendment protects us from government tyranny. (Ariana Russo) __http://www.enotes.com/homework-help/what-importance-and-significance-8th-amendment-281351__
1. Where did the idea of cruel and usual punishment come from?
Cruel and usual punishment was adopted as part of the Bill of Rights in 1791. The provision was largely inspired by Titas Oates, an Englishman who was tried in 1685 for multiple acts of perjury and was sent to prison. The case became a topic of the U.S. Supreme Courts 8th amendment legal system. Oates did not receive the death penalty because the punishment would have prevented honest witnesses from testifying in later cases. It later became the central component of the 8th amendment to the U.S. Constitution. These protections were not added until after the Consitution was ratified. -Ariana Russo http://constitutioncenter.org/interactive-constitution/amendments/amendment-viii
2. When was the 8th amendment drafted to become an amendment? The Eighth Amendment was adopted in 1791 as part of the Bill of Rights. It is almost identical to a provision in the English Bill of rights from 1668. In 1776 George Mason included a prohibition of cruel and unusual punishments in the Declaration of Rights he drafted for the Commonwealth of Virginia. It was passed by Congress September 25, 1789 and ratified December 15, 1791. -DJ Santamaria
3. Why is reasonable bail so important during the 8th amendment?
Bail is an amount the courts may require an accused person to provide as security. Bail can include money, property, or a bond. The bail is decided by court and requires reasonableness. If an accused person is able to pay the bail amount to the court, the person will be set free on bail until trial. This greatly helps because innocent people have the opportunity leave jail (until the trial) and defend their case. They have a chance to prove themselves or else will be proven guilty. -Ariana Russo __http://system.uslegal.com/u-s-constitution/amendment-viii-excess-bail-or-fines-cruel-and-unusual-punishment-1791/__
4. Where was this amendment made, and what year?
The 8th amendment was made in the Commonwealth of Virginia in the year 1791.-DJ santamaria
5. Why was the 8th amendment created?
The 8th amendment is the section of the Bill of Rights that states that punishments must be fair, not cruel, and that fines have to be reasonable. This idea was part of British law for centuries and was put into the Bill of Rights because excessive bail and cruel and unusual punishment were part of the reasons for our revolution, the practices of the British government, that were seen as unreasonable. -Ariana Russo http://score.rims.k12.ca.us/score_lessons/bill_of_rights/media/eight.htm
6. How bad must a punishment be to be considered cruel?
A punishment must be considered torture or barbaric to be considered cruel for example wiping someone would be considered cruel or barbaric. -DJ Santamaria
7. Who benefited from this amendment? People that have the opportunity to bail from jail until their trial benefit from this amendment. Innocent people that were thought to be guilty have a chance to prove themselves and stay out of prison. Bail allows time for the accused to prepare for their defense, which is hard to do while in jail. -Ariana Russo http://score.rims.k12.ca.us/score_lessons/bill_of_rights/media/eight.htm
8. Does cruel and unusual punishment eliminate death penalty?
No the 8th amendment does not it was abolished in 18 other states but is still used in 32 other ones. -DJ Santamaria
9. What was changed from this amendment? How did it affect society and how is it applied to our world today?
People were able to get bailed out of jail until their trial and that changed society greatly. People thought that Americans were safe from being subjected to punishment that people would consider cruel and unusual. Today innocent people have the same opportunity, to defend their case before the trial. Even if you are guilty, you can be bailed out of jail, until proven guilty at your trial. -Ariana Russo https://www.rutherford.org/constitutional_corner/amendment_viii_cruel_and_unusual_punishment
10. How big must the bail be to be considered too big? When fixing the amount of bail for a particular person, the court takes several factors into consideration. For example, the seriousness of the offense and the weight of evidence against the accused. Also, the nature and extent of any ties, such as family or employment, that the accused has to the community where he or she will be prosecuted. Additionally, the accused's ability to pay a given amount and the chance that the person will flee if released. -DJ Santamaria __http://law.jrank.org/pages/6368/Eighth-Amendment.html__
FUN FACTS:
It is referred to as Amendment VIIl (A.R.)
Counties may have their own school corporal punishment rules separate from the state's rule (A.R.)
The Supreme Court ruled that the "cruel and unusual punishment" section of the amendment also applies to the individual states (A.R.)
Judges can choose to deny bail if they believe the suspect is a danger to the community (A.R.)
When the Bill of Rights was first written, it was usual for people to get whipped for the crimes they committed in society (A.R.)
The 8th Amendment:
Essential Questions:
What issues prompted the creation of your amendment?
The 8th Amendment is the section of the Bill of Rights that states that that punishments must be fair, not cruel, and that fines that are have to be reasonable. This amendment was introduced as a part of the Bill of Rights into the U.S. Constitution on September 5, 1789 and was voted for by 9 out of 12 states on December 15, 1791. (Ariana Russo)http://kids.laws.com/eighth-amendment
What impact did your amendment have on society at that time?
The provisons against cruel punishment serve protect us from government tyranny. If this amendment was not included in the Bill of Rights, the government could target someone with "bad" political views and take all their property and imprison them for a long period of time. By banning such excessive punishments, this amendment protects us from government tyranny. (Ariana Russo)__http://www.enotes.com/homework-help/what-importance-and-significance-8th-amendment-281351__
1. Where did the idea of cruel and usual punishment come from?
Cruel and usual punishment was adopted as part of the Bill of Rights in 1791. The provision was largely inspired by Titas Oates, an Englishman who was tried in 1685 for multiple acts of perjury and was sent to prison. The case became a topic of the U.S. Supreme Courts 8th amendment legal system. Oates did not receive the death penalty because the punishment would have prevented honest witnesses from testifying in later cases. It later became the central component of the 8th amendment to the U.S. Constitution. These protections were not added until after the Consitution was ratified. -Ariana Russo
http://constitutioncenter.org/interactive-constitution/amendments/amendment-viii
2. When was the 8th amendment drafted to become an amendment?
The Eighth Amendment was adopted in 1791 as part of the Bill of Rights. It is almost identical to a provision in the English Bill of rights from 1668. In 1776 George Mason included a prohibition of cruel and unusual punishments in the Declaration of Rights he drafted for the Commonwealth of Virginia. It was passed by Congress September 25, 1789 and ratified December 15, 1791. -DJ Santamaria
3. Why is reasonable bail so important during the 8th amendment?
Bail is an amount the courts may require an accused person to provide as security. Bail can include money, property, or a bond. The bail is decided by court and requires reasonableness. If an accused person is able to pay the bail amount to the court, the person will be set free on bail until trial. This greatly helps because innocent people have the opportunity leave jail (until the trial) and defend their case. They have a chance to prove themselves or else will be proven guilty. -Ariana Russo
__http://system.uslegal.com/u-s-constitution/amendment-viii-excess-bail-or-fines-cruel-and-unusual-punishment-1791/__
4. Where was this amendment made, and what year?
The 8th amendment was made in the Commonwealth of Virginia in the year 1791.-DJ santamaria
5. Why was the 8th amendment created?
The 8th amendment is the section of the Bill of Rights that states that punishments must be fair, not cruel, and that fines have to be reasonable. This idea was part of British law for centuries and was put into the Bill of Rights because excessive bail and cruel and unusual punishment were part of the reasons for our revolution, the practices of the British government, that were seen as unreasonable. -Ariana Russo
http://score.rims.k12.ca.us/score_lessons/bill_of_rights/media/eight.htm
6. How bad must a punishment be to be considered cruel?
A punishment must be considered torture or barbaric to be considered cruel for example wiping someone would be considered cruel or barbaric. -DJ Santamaria
7. Who benefited from this amendment?
People that have the opportunity to bail from jail until their trial benefit from this amendment. Innocent people that were thought to be guilty have a chance to prove themselves and stay out of prison. Bail allows time for the accused to prepare for their defense, which is hard to do while in jail.
-Ariana Russo
http://score.rims.k12.ca.us/score_lessons/bill_of_rights/media/eight.htm
8. Does cruel and unusual punishment eliminate death penalty?
No the 8th amendment does not it was abolished in 18 other states but is still used in 32 other ones. -DJ Santamaria
9. What was changed from this amendment? How did it affect society and how is it applied to our world today?
People were able to get bailed out of jail until their trial and that changed society greatly. People thought that Americans were safe from being subjected to punishment that people would consider cruel and unusual. Today innocent people have the same opportunity, to defend their case before the trial. Even if you are guilty, you can be bailed out of jail, until proven guilty at your trial. -Ariana Russo
https://www.rutherford.org/constitutional_corner/amendment_viii_cruel_and_unusual_punishment
10. How big must the bail be to be considered too big?
When fixing the amount of bail for a particular person, the court takes several factors into consideration. For example, the seriousness of the offense and the weight of evidence against the accused. Also, the nature and extent of any ties, such as family or employment, that the accused has to the community where he or she will be prosecuted. Additionally, the accused's ability to pay a given amount and the chance that the person will flee if released. -DJ Santamaria
__http://law.jrank.org/pages/6368/Eighth-Amendment.html__
FUN FACTS: