Period:7 February 14, 2011
8th Amendment – No cruel or unusual Punishment Proposed: 9/25/1789 Ratified : 12/15/1791
The 3 Parts • Cruel and unusual punishment • Excessive Bail • Excessive Fines
What is Cruel and Unusual Punishment? Cruel and unusual punishment is a statement implying that governments will not force suffering or humiliation on the condemned as punishment for crimes, in spite of their degree of harshness.
What is the purpose of bail and fines? • Fines are charged to someone who does something against the law, this is a form of punishment • Bail is cash that an arrested person gives to court to guarantee they will be in court, when directed to
Why would the government give “excessive” bail or fines, if they could? • The government would give excessive bail or fines because, just for simply not liking a person • Giving excessive fines is illegal, thanks to the eighth amendment
Hammurabi’s Code Hammurabi’s code is “Eye for an Eye” This means however bad your crime is, your punishment will be just as bad. We do not use this way of punishment. Example: • If you stab somebody's eye out, the government will force you to loose and eye • If you rob a bank, the government would have your hand cut off http://period20910.wikispaces.com/file/view/clay_tablet_of_law.gif/99811981/clay_tablet_of_law.gif
What were cruel punishments? • Breaking Wheel • Boiling to Death • Flaying • Stoning • Execution by burning http://4.bp.blogspot.com/_APoI4IkOJeg/SeY9AXf-THI/AAAAAAAABYw/TU_8v2BB6Qs/s320/breaking-wheel.jpg http://www.realcourage.org/wp-content/uploads/2010/03/stoning-hate.jpg
Rights of Englishmen • The eight amendment originates from the English Bill of Rights. • Without the English Bill of Rights we wouldn’t have our eight amendment http://www.4jal.org/bill%20of%20rights%20scroll.JPG
Importance to Anti-Federalists Anti-federalists insisted that the constitution have a eight amendment (No Cruel or Unusual Punishment).They were against the constitution without amendments like the eight amendment.
How do we punish criminals today? • Jail • Fines • Community Service
How do some countries punish criminals? • Most Muslim countries, they kill women by burying them up to their necks and stoning them • Using “eye for an eye” punishment • Stoning • Capital Punishment
Capital Punishment • Capital punishment is putting a person to death, it is known as the death penalty • Capital punishment is practiced in every society http://scrapetv.com/News/News%20Pages/usa/images-3/electric-chair-1.jpg
How is Capital punishment interpreted today? • It is used to kill people today • The Furman V Georgia case was about making capital punishment illegal (1972) • The Gregg V Georgia case was making capital punishment legal
Who decides capital punishment? The states decide if they want their state to allow capital punishment. http://www.mobilityscan.com/scanonline/Images/vertical/so-goverment.jpg http://www.taxadmin.org/fta/link/map1.gif
What did New Jersey decide about Capital Punishment? In New Jersey, (January 2008) the death penalty was repealed. Jon S. Corzine signed into law a measure repealing New Jersey’s death penalty , making the state the first in a generation to put an end to capital punishment. http://cicotello.com/Pictures%20and%20Information/USA/States/New%20Jersey/Welcome%20to%20New%20Jersey.jpg
Statistics on Capital Punishment Washington- 9 sentenced 4 killed Wyoming-2 sentenced 1 killed Pennsylvania-226 sentenced 3 killed South Carolina-67 sentenced 37 killed South Dakota-4 sentenced 1 killed Tennessee- 107 sentenced 4 killed Texas-393 sentenced 405 killed Utah-9 sentenced 6 killed Virginia-98 killed Etc.
How did this amendment protect Americans from the newly created federal government? Americans can now not get fined or punished for no reason. http://upload.wikimedia.org/wikipedia/commons/thumb/e/eb/Fines_double.svg/600px-Fines_double.svg.png
How important is this amendment in America today? Without this amendment the government could do whatever they want to people without reason. The government could go around and fine people, just because they don’t like them. With this amendment people are fined or punished for something they did that was against the law. This amendment protects people from being hurt by the government.
How I feel about how important this amendment is to America I think this amendment is very important to America. When someone breaks the law they get what they deserve, but not excessively. On a rate through 1-10 I give this amendment a 10. I give it a 10 because its so important for people to be secure without the government fining or punishing them for no reason.
Bibliography Works Cited “Cruel and Unusual Punishment .” Wikipedia. N.p., n.d. Web. 24 Feb. 2011. <http://en.wikipedia.org/wiki/Cruel_and_unusual_punishment>. Death Penalty Information Center. deathpenaltyinfo.org . N.p., n.d. Web. 24 Feb. 2011. <http://www.deathpenaltyinfo.org/states-and-without-death-penalty>. Nolo Business. www.nolo.com. N.p., n.d. Web. 24 Feb. 2011. <http://www.nolo.com/legal-encyclopedia/bail-getting-out-of-jail-30225.html>. Thomson Reuters business. Criminal.findlaw.com. N.p., n.d. Web. 24 Feb. 2011. <http://criminal.findlaw.com/crimes/criminal_rights/cruel_unusual_punishment/eighth-amendment-us-constitution-annotated.html>.