Effects of the 8th Amendment on American Law Essay

The Eighth Amendment Excessive bond shall non be required. nor inordinate mulcts imposed. nor barbarous and unusual penalties inflicted. ”Ever since the Eighth Amendment was ratified by the provinces in 1791. it has been a cardinal portion of our Constitution. The Eighth Amendment has protected our people from many things. including an excessively high bond or “unnatural” penalties. It has ensured that in civil affairs. every bit good as condemnable instances. the people of America are protected from an excessively high bond and cruel and unusual penalties.

The Eighth Amendment has stirred up many contentions with its many waies of reading. in that the U. S. amendments are written down on paper but sometimes non decently enforced. The 8th amendment is the 1 I favor least and is to be examined during this assignment. I take the double-minded place on the topic of the 8th Amendment of for and against this amendment. Is the Death Penalty an Effective Punishment? In my sentiment yes. with at least one of import regard. it merely can non be argued that a slayer. one time executed. can of all time kill once more. The offense must suit the penalty in order to warrant. and this penalty must non prefer anyone on the foundation of colour. If this were the instance I would without a uncertainty wholly agree with this amendment. nevertheless. Surveies show that there are racial prejudices when the decease punishment is carried out. Since the recommencement of executings in the early 1980’s. 40 per centum of those executed have been black.

And more frequently than non inkinesss were more frequently executed than were Whites without holding their strong belief reviewed by any higher tribunal. The race of the victim and the suspect necessarily influences the determination to seek a decease sentence. University of Iowa jurisprudence professor David Baldus conducted an thorough felon condemning survey in Georgia in the eightiess. He found that prosecuting officers sought the decease punishment for 70 % of black suspects with white victims. but merely 15 % of black suspects with black victims. Similar forms of racial prejudice are found across the state. Over half of those on decease row are people of colour. Black work forces entirely make up over 42 % of all decease row captives. though they account for merely 6 % of people populating in the U. S. Nationwide. instances affecting a white victim and a suspect of colour are most likely to ensue in a decease sentence.

The Baldus survey found that six out of 10 suspects sentenced to decease in Georgia for killing a white individual would non hold received a decease sentence had their victim been black. A instance affecting a white individual was over four times more likely to ensue in a decease sentence than was a comparable black victim instance. In Maryland – the province with one of the highest per centums of African Americans on decease row – a decease sentence is eight times more likely in a white victim instance than a black victim instance. harmonizing to a 1987 Public Defender’s Office survey. Nearly half of those executed since 1976 have been people of colour. with inkinesss entirely accounting for 35 % . All told. 82 % have been put to decease for the slaying of a white individual. Merely 1. 8 % was Whites who had been convicted of killing people of African. Asiatic. or Latin descent. Meanwhile. people of colour are the victims in more than half of all homicides. Since 1930. one in two individuals executed was black.

Ultimately I must stand on the side of resistance with this Amendment on the footing of prejudice and propose a moratorium until a clear version of this amendment is established with clear compulsory sentences irrespective of the victim or the suspects ethnicity and does what it ab initio intended to make which is protect The American citizen without interrupting other amendments in the procedure.

Condemnable tribunal processs are at an all clip slow and rapid tests are a thing of the yesteryear. The authorities disbursement and income policies need to be modified to modern times. Besides the lese majesty punishment should be more flagitious in the new universe. ins an of import portion of our authorities.

Plants Cited

Shortall. Joseph M. ; Merrill. Denise W. Education Information Resource Center City: Publisher N/A. 1987.

McCLESKEY v. KEMP- 481 U. S. 27 [ Ty caselaw. LP. findlaw. com/scripts/getcase.

caselaw. LP. findlaw. com/scripts/getcase. pl? court=us & A ; vol=481 & A ; invol=279www. jurisprudence. uiowa. edu/faculty/david-baldus. php

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