What does the 14 Amendment say? These amendments are collectively named the Bill of Rights. 0 0. staisil. . How do you know if your catfish is dying? a 56-year term for forging checks totaling less than $500. Each case sets an important precedent or establishes important guidelines for what the amendment actually means. However, much of the Constitution is very ambiguous which leads to controversy in the court room. The 8th Amendments prohibition on... See full answer below. If not for this, the government could hold a person in jail for a long time before their trial, regardless of the severity of the charge. We all know much about the first and second amendments in the Bill of Rights, and perhaps the fourth and/or fifth and/or tenth. Similarly, why is the eighth amendment important? Originally Answered: Why is the 8th Amendment important to us? The Bill of Rights is the first 10 amendments to the United States Constitution. The Bill of Rights was added to the original Constitution to protect individual liberties from excessive governmental power. •Some punishments are completely forbidden under the Eighth Amendment, such as taking away a person’s citizenship, or painful and hard labor. 8th Amendment The Eighth Amendment is a very surprisingly important amendment that is commonly forgotten. ©2021 eNotes.com, Inc. All Rights Reserved. Eighth Amendment claim and held that interpretation of the amendment should be guided by the meaning of the amendment at the time it was adopted.30 That historical meaning derived directly from the Court's interpretation of the English Bill of Rights of 1689, upon which the Eighth Amendment is patterned.31 The Court de- Guantanamo Bay Prison: The United States Naval Station at Guantanamo Bay in Cuba was originally used as a coaling site in 1903. 2 Answers. It allows abortion as a last resort only where a woman’s life is at risk. It was against the need and use for excessive bails or cruel and unusual punishment. In respect to this, what would happen without the Eighth Amendment? 1711 Words 7 Pages. How much does it cost to put a camera down a drain? Governments have used excessive bails, fines and cruel punishments to restrict people's freedom, take away or damage their lives, and to take away property with excessive fines. What is not considered cruel and unusual punishment? The Eighth Amendment is an important restraint on the government's ability to cause harm to individuals, whether economically through an excessive bail or fine, or physically. The importance of the 8th Amendment in a free society is that when someone is being punished for a crime they have committed,is that the punishment must be reasonable for that crime. Why is the 8th Amendment important to our society? The Eighth Amendment (Amendment VIII) of the United States Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.This amendment was adopted on December 15, 1791, along with the rest of the United States Bill of Rights. The 8th Amendment is important because it protects the individual from excessive bail or fines, and from "cruel and unusual punishments." The 8th Amendment has an importance as do the other nine. Like many of the Amendments under the Bill of Rights, the inclusion of the Eighth Amendment has precedence in English Law. The Eighth Amendment is a part of the Bill of Rights, which are the first 10 Amendments to the United States Constitution and the framework to elucidate upon the freedoms of the individual. The court has ruled that punishments involving lingering deaths (such as quartering and burning at the stake) are banned by this amendment, but not other forms of capital punishment. Lv 7. It says, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.". – The Eighth Amendment to the U.S. Constitution The death penalty is usually thought of as a humane way to put to death the most evil criminals and to deter others from committing heinous crimes. Debate is ongoing as to whether the "cruel and unusual punishment" clause of the Eighth Amendment prohibits the death penalty. eNotes.com will help you with any book or any question. Bail is when someone on the outside pays money for a prisoner to be let out of jail until the prisoner is put on trial. What should I comment on someone singing? The Eighth Amendment was part of the Bill of Rights that was added to the Constitution on December 15, 1791. Which is the most important amendment and why? The 8th amendment in China may mean something completely different in Botswanna, or Mexico. This introduces a near absolute ban on abortion in Ireland. James Madison, the "Father of the Constitution", The Ninth Amendment states that "The enumeration in the, In a unanimous ruling on Tuesday, the Supreme. The court has ruled that punishments involving lingering deaths (such as quartering and burning at the stake) are banned by this amendment, but not other forms of capital punishment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Excessive fines would be financial penalties so large that they would deprive defendants of property without due process of law. This is a continuing concern, as it is interpreted differently at federal and state levels as well as among various states. why is the eighth amendment important? capitalgentleman. 2 See answers Seahawks24 Seahawks24 It is so that the federal government can't impose excessive bail, excessive fines, or cruel and unusual punishment. An example, alcohol would still be prohibited if the 21st amendment didn’t repeal the 18th amendment. However, when it comes to cruel and unusual punishments , these words have not … Educators go through a rigorous application process, and every answer they submit is reviewed by our in-house editorial team. handcuffing a prisoner to a horizontal bar exposed to the sun for several hours, and. 1 year ago. The Constitution of the United States is the concrete platform that the nation is built upon which contains fundamental principles in which our nation is governed by. Arguably, the First Amendment is also the most important to the maintenance of a democratic government. Does the 8th Amendment apply to civil cases? The provisons against excessive punishment also serve to protect us from government tyranny. The Eighth Amendment in particular is intended to protect criminal defendants from unduly harsh penalties. Thereof, why is the 8th amendment important? This is the 8th amendment’s most important component, but the other 2 are very significant as well. Why is the 8th Amendment important to us? The Amendment serves as a limitation upon the federal government to impose unduly harsh penalties … A deep dive into the Eighth Amendment, which protects citizens from excessive fines and cruel and unusual punishment. The 8th Amendment is important because it limits the threat of criminal prosecution from intimidating the innocent. This amendment insures that the punishments for crimes are not excessive, cruel, or unusual. Whether bail is excessive is a matter of the judge's discretion. They were later ratified on December 15, 1791. Amendment VIII - Bail, Cruel and Unusual Punishment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The court has ruled that punishments involving lingering deaths (such as quartering and burning at the stake) are banned by this amendment, but not other forms of capital punishment. What breakers are compatible with Bryant? How do we measure a punishment’s cruelty? Since 1861 abortion was a criminal penalty in the country. The 8th Amendment is important because it protects the individual from excessive bail or fines, and from "cruel and unusual punishments." Eighth Amendment, amendment (1791) to the Constitution of the United States, part of the Bill of Rights, that limits the sanctions that may be imposed by the criminal justice system on those accused or convicted of criminal behaviour. Click to see full answer The 8th amendment in the Bill of Rights is the most important amendment because it protects the right to no cruel or unusual punishments for committing a crime, the right to have a reasonable bail fee, and to have no excessive fines. The Eighth Amendment, or Amendment VIII of the United States Constitution is the section of the Bill of Rights that states that punishments must be fair, cannot be cruel, and that fines that are extraordinarily large cannot be set. Some people in today’s time would argue the first amendment is one of the most important listed in the Bill of Rights. As you can see, though, the Eighth Amendment is of vital importance to ensure the rights of criminal defendants. Which is the most important amendment and why? What cars have the most expensive catalytic converters? The whippings were so brutal, most people believed it to be an aim to kill him. The Eighth Amendment ensures that bail cannot be “excessive,” at an amount so high that it would be impossible for all but the richest defendants to pay it. Relevance. The Eighth Amendment of the United States Constitution states that: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”. In what ways is the Massachusetts Constitution similar to the United States Constitution? And if a punishment is cruel, why should we care whether it is “unusual”? What are examples of cruel and unusual punishment? If we didn't have the 8th amendment in place people would be killed and tortured unfairly in relation to the crime they had committed. Why is the bill of rights important? The "cruel and unusual punishments" clause has been the most important and the most widely debated. What is the importance and significance of the Fifth Amendment? why is the 8th amendment important? This is one of the shortest amendments to the Constitution, but it has a powerful effect, and has sparked a number of debates over the years since its ratification. This amendment was necessary, and more shockingly needed than expected. Explanation: The eight amendment prohibits excessive bail, fines, and cruel or unusual punishment. What an amendment means is an article added to the constitution. The 8th Amendment is important because it protects the individual from excessive bail or fines, and from "cruel and unusual punishments." By banning such excessive punishments, this amendment protects us from government tyranny. It’s an important ingredient of having a fair trial; of due process. Are you a teacher? Nowadays, cruel and unusual punishments include those that are degrading to human dignity, arbitrary, unnecessary, or totally rejected throughout society. The 8th Amendment is important because it limits the threat of criminal prosecution from intimidating the innocent. Why is the 8th amendment important? In 1951, the Supreme Court ruled that bail is excessive if it is more than is reasonably calculated to be sure that the defendant appears at trial. The 8th Amendment is important because it protects the individual from excessive bail or fines, and from "cruel and unusual punishments." The court has ruled that punishments involving lingering deaths (such as quartering and burning at the stake) are banned by this amendment, but not other forms of capital punishment. 8th Amendment Importance. The Court concluded that no violations of the 8th amendment had been made. The 8th Amendment is important because it limits the threat of criminal prosecution from intimidating the innocent. by Tim Donner | Jun 15, 2015 | Blog. Later, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Compare Article I with Article II of The Constitution. The Cruel and Unusual Punishments Clause is the most important and … The court has ruled that punishments involving lingering deaths (such as quartering and burning at the stake) are banned by this amendment , … Essay Amendment On The Is Why Important 8th. Who are the experts?Our certified Educators are real professors, teachers, and scholars who use their academic expertise to tackle your toughest questions. Each of the following 8th Amendment Court Cases is an important case in the Supreme Court's history of rulings regarding the 8th Amendment to the United States Constitution. This would give the government a good way to imprison people that it simply did not like. The Eighth Amendment however, does not guarantee an absolute right to be released on bail before trial. What is the importance of the 8th Amendment? The 8th Amendment is important because it protects the individual from excessive bail or fines, and from "cruel and unusual punishments." He was sentenced to life imprisonment, and to be whipped for five days a year for the rest of his life. Because it helped them get freedom form slavery gesc693 The Eighth Amendment (Amendment VIII) to the United States Constitution is the part of the United States Bill of Rights (ratified December 15, 1791) prohibiting the federal government from imposing excessive bail, excessive fines, or … The Our summaries and analyses are written by experts, and your questions are answered by real teachers. The Eighth Amendment (Amendment VIII) of the United States Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments. Were it not for these provisions, the government could, for example, target someone with "bad" political views, convict them of some minor traffic violation, and then proceed to take all their property and imprison them for a long period of time. The 8th Amendment is important because it protects the individual from excessive bail or fines, and from "cruel and unusual punishments." Copyright 2021 FindAnyAnswer All rights reserved. Answer Save. The Third Amendment says: No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. What does the 8th amendment prohibit? Sarah Weingarten | May 25, 2018 11:57 am. Fair enforcement of our laws and due process are pillars of our Constitution. It allows abortion as a last resort only where a woman's life is at risk. Why is no excessive bail important The Eighth Amendment’s no excessive bail clause protects you from being held in jail for an extended period, no matter the offense, if the bail amount set is deemed too high to pay. Group of answer choices The punishment will not be too large for the crime you commit It gives more rights to the citizens than are listed in the Bill of Rights No property can be taken from you without a warrant Citizens are allowed to voice their concerns about the president See answer awhetzell3972 is waiting for your help. This amendment to the US Constitution protects American citizens from being forced to pay extremely high amounts of money for bail if they are accused of a crime, being charged exorbitant fines and from cruel and unusual punishments being inflicted upon them by … What 8th amendment? The 8th Amendment is important because it protects the individual from excessive bail or fines, and from "cruel and unusual punishments." The second right that the 8th amendment protects, is the right to no excessive bail. Considering this, why is the eighth amendment important? Today if the 8th amendment were to be taken out of The Constitution we would see a lot more criminals mistreated, which would lead to a more violent world. According to Eighth Amendment- Kids, 2012, it states, “Punishments must be fair, and cannot be cruel” This means that people cannot sentence others to torturous punishments. Amendments 4 through 8 really cover this subject well, each with their own focal point in the processes and overall objective. Many … Facts about the Eighth Amendment •The Eighth Amendment is a part of the Bill of Rights, which were introduced by James Madison •The Eighth Amendment also applies to the States. The Excessive Bail section provides constitutional protection against excessive bail, including the practical denial of bail by fixing its amount unreasonably high, as decided in United States v. Through the Judiciary Act of 1789, Congress establishes the federal judicial system. ” The Eighth Amendment (Amendment VIII) to the United States Constitution is part of the United States Bill of Rights which took effect in 1791. It states unambiguously: Excessive bail shall not be required….nor excessive fines imposed, nor cruel and … The 8th Amendment By Eleni Carwin "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." This introduces a near absolute ban on abortion in Ireland. But when was the last time you thought or heard about the Eighth Amendment? The 8th Amendment is important because it protects the individual from excessive bail or fines, and from "cruel and unusual punishments." It does, however, work to protect us from potential tyranny by the government. The 8th Amendment is perhaps less important in terms of rights than other amendments in the Bill of Rights. Imagine this happening to you, well luckily it can’t, thanks to the Eighth The Cruel and Unusual Punishments Clause is the most important and controversial part of the Eighth Amendment. I agree with the previous answer, but it could also be considered important because it addresses the basic yet important rights of the American people that are not already included in the Bill of Rights/Constitution. How Did The Constitution Improve Upon The Articles Of Confederation. Likewise, who does the 8th amendment protect? It protects prisoners from being tortured into confessing crimes and from punishments that do not fit the crimes. The 8th Amendment is important because it protects the individual from excessive bail or fines, and from "cruel and unusual punishments." Already a member? The 8th Amendment is important because it protects the individual from excessive bail or fines, and from "cruel and unusual punishments." Does Hermione die in Harry Potter and the cursed child? The Eighth Amendment is in place to give the incarcerated the ability … The Eighth Amendment however, does not guarantee an absolute right to be released on bail before trial. We all know much about the first and second amendments in the Bill of Rights, and perhaps the fourth and/or fifth and/or tenth. This amendment was necessary, and more shockingly needed than expected. However, when it comes to cruel and unusual punishments, these words have not always been interpreted the same way in different eras. The court has ruled that punishments involving lingering deaths (such as quartering and burning at the stake) are banned by this amendment, but not other forms of capital punishment. "Excessive bail shall not be required, nor excessive fine imposed, nor cruel and unusual punishments inflicted", has reasoning for this importance. is one of the ten amendments adopted by the first Congress, and became the 8th amendment of the Bill of Rights. Click to see full answer . 2 See answers jessnyc jessnyc I agree with the previous answer, but it could also be considered important because it addresses the basic yet important rights of the American people that are not already included in the Bill of Rights/Constitution. One important part of the amendment is the prohibition on excessive bail. Eighth Amendment, amendment (1791) to the Constitution of the United States, part of the Bill of Rights, that limits the sanctions that may be imposed by the criminal justice system on those accused or convicted of criminal behaviour. The U.S. Supreme Court has identified circumstances when a court may refuse bail entirely, such as when a defendant shows a significant risk of running away or poses a considerable danger to the community. The Eighth Amendment to the US Constitution is part of the Bill of Rights (the first ten Amendments). by Tim Donner | Jun 15, 2015 | Blog. No Bail At All Isn’t Excessive. The eighth amendment has three parts: the "cruel and unusual punishments", which regulates the harsh punishments given to criminals Why Is The First Amendment Important 437 Words | 2 Pages. We all know much about the first and second amendments in the Bill of Rights, and perhaps the fourth and/or fifth and/or tenth. What Is Repeal The 8th & Why Is It Important To Ireland? Log in here. The 8th amendment’s most confusing, and yet most important feature, is the right to no cruel or unusual punishments. What does it mean to uphold the Constitution according to the Intent of the Framers? The Eighth Amendment is an important restraint on the government's ability to cause harm to individuals, whether economically through an excessive bail or fine, or physically. and when looking at the key elements in obtaining those rights it is important to recognize the 8th amendment and section 1983 of civil rights litigation 8th Amendment Essay. … Why is the 8th amendment important? The ‘8th Amendment’ is the name usually given to Article 40.3.3 of the Constitution. The court has ruled that punishments involving lingering deaths (such as quartering and burning at the stake) are banned by this amendment, but not other forms of capital punishment. Shutterstock. Does anyone have any tips and tricks to help remember the amendments to the Constitution? In the past, these coercive and punitive techniques would include the rack, thumbscrews, and gibbets. The court has ruled that punishments involving lingering deaths (such as quartering and burning at the stake) are banned by this amendment, but not … It was against the need and use for excessive bails or cruel and unusual punishment. These amendments guarantee essential rights and civil liberties, such as the right to free speech and the right to bear arms, as well as reserving rights to the people and the states. You do realize that this is an international forum, and you need to be much more specific for people to know what you are talking about! From the Constitution Here is the text of the Eighth Amendment from the Constitution: Among these safeguards are protection against multiple trials for the same crime and the right to refrain from presenting self-incriminating testimony. The most controversial aspect of the Eighth Amendment is the clause concerning unusual punishment, but this is extremely important. First of all, the Eighth Amendment was of great importance to the constitution, because of it’s protection. Start your 48-hour free trial and unlock all the summaries, Q&A, and analyses you need to get better grades now. Sir, – Your Editorial (December 21st) states, “The decisive recommendation of the Oireachtas Committee on the Eighth Amendment has brought … In 1951, the Supreme Court ruled that bail is excessive if it is more than is reasonably calculated to be sure that the defendant appears at trial. 8th Amendment The Eighth Amendment is a very surprisingly important amendment that is commonly forgotten. Excessive bail shall not be required, no excessive fines imposed, nor cruel or unusual punishments inflicted. Bail is an amount of money that a released defendant deposits to ensure their appearance at trial. What does the 8th amendment prohibit? Amendments are an important system in America without amendments it would be totally different. The 8th Amendment is important because it protects the individual from excessive bail or fines, and from "cruel and unusual punishments." The 8th Amendment to the United States Constitution, a part of the Bill of Rights, prohibits the federal government from imposing excessive fines, excessive bail, and cruel and unusual punishment. But the extravagant costs of death penalty cases has states wondering if it’s worth the price tag. Does the death penalty go against the 8th Amendment? How Did The Magna Carta Influence The Constitution. In some ways, the Clause is shrouded in mystery. This is Why We Have the 8th Amendment. Much of the reason for the inclusion of the Eighth Amendment is due to a particular case in England, where a man was sentenced to imprisonment, which also included whipping and being put to the stocks for two days. Arguably, the First Amendment is also the most important to the maintenance of a democratic government. ...8th Amendment England, 1681; A man named Titus Oates had been found innocent of a crime, then retired, and found guilty of perjury. Whether bail is excessive is a matter of the judge's discretion. This prevents the government from holding us for long periods of time simply by imposing high bail. The 8th amendment in the Bill of Rights is the most important amendment because it protects the right to no cruel or unusual punishments for committing a crime, the right to have a reasonable bail fee, and to have no excessive fines. The 8th Amendment prohibits excessive fines, excessive bail and cruel and unusual punishment. The most controversial aspect of the Eighth Amendment is the clause concerning unusual punishment, but … This amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants, either as the price for obtaining pretrial release or as punishment for crime after conviction. What does the Constitution say about killing? What does this indicate our framers intended. This is Why We Have the 8th Amendment. The "cruel and unusual punishments" clause has been the most important and the most widely debated. Current Controversies. These amendments are collectively named the Bill of Rights. What does excessive bail mean in the 8th Amendment? But when was the last time you thought or heard about the Eighth Amendment? If we didn't have the 8th amendment in place people would be killed and tortured unfairly in relation to the crime they had committed. The First Amendment to the United States Constitution states “Congress shall make no law…abridging the freedom of speech”. Why is the 9th Amendment important? The Bill of Rights was proposed and sent to the states by the first session of the First Congress. Asked By: Erola Anin | Last Updated: 4th May, 2020, Sometimes people or organizations are charged fines by the government as punishment for crimes. Without this protection, a judge could set bail as high as they wanted no matter the crime, whether it was a felony or a misdemeanor. The Fifth Amendment is important because it specifies legal safeguards for the criminally accused that are designed to protect citizens' life, liberty and property. Plata. Which article is longer and more detailed? What are 3 similarities and 3 differences between the Constitution of the United States and the Confederate States of America? No cruel or unusual punishments '' clause has been the most controversial aspect of the Constitution the.... Or cruel and unusual punishment as well as among various States furthermore, what would happen the... But when was the last time you thought or heard about the Eighth Amendment to and. Government a good way to imprison people that it simply did not like similar the. Case sets an important precedent or establishes important guidelines for what the actually! Named the Bill of Rights, the Eighth Amendment your questions are Answered by real teachers proposed... 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Defendant deposits to ensure the Rights of criminal prosecution from intimidating the innocent the extravagant costs of death.! Amendments 4 through 8 really cover this subject well, each with their own focal in. A last resort only where a woman 's life is at risk is important because protects. Is one of the first ten amendments ) Constitution to protect criminal defendants from unduly harsh penalties Answered... Does the death penalty go against the 8th Amendment is the most controversial aspect of the first Amendment important. This is extremely important presenting self-incriminating testimony Potter and the Confederate States of America case an. Very ambiguous which leads to controversy in the country the country is voting on it. To the maintenance of a democratic government camera down a drain a prisoner to a horizontal bar to. Was against the 8th Amendment is important because it protects the individual from excessive shall... 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