Topic > Analysis of the Eighth Amendment - 660

The Bill of Rights also known as the First Ten Amendments to the Constitution was finally ratified in 1781. The purpose of the Bill of Rights not only limits and acts as a kind of restriction against the government power but, in doing so, benefits citizens by ensuring their rights and reduces the considerable amount of federal authority. After finding that the Constitution did not meet the needs of all states, the imposition of the Bill of Rights reassured the people that their rights would not be violated, that the government would not oppress them, and that it would protect them from tyranny. The Eighth Amendment in the Constitution protects against excessive bail, excessive fines, and cruel and unusual punishment. The cruel and unusual punishment clause means that any punishment that is inhumane and not proportionate to the crime actually committed cannot be inflicted and will be considered illegal. Anything that humiliates human dignity, in other words torture, anything that is irrational and/or unreasonable is considered restricted punishment. Over the years the 8th Amendment has raised controversy over how unconstitutional and inhumane it can be considered. The definition of cruel and unusual punishment may be perceived in different ways, but our interpretation of it is vastly different from those of the time. The origin and creation of this law can be traced back to 1205 with the British Magna Carta. The Magna Carta established rights that later became the foundation of the English common law system. The Eighth Amendment was drawn from and was greatly influenced by the Magna Carta which stated "For a trivial offence, a free man shall be fined in proportion to the gravity of his offence, and for serious...... middle of paper.. .... violated the 8th Amendment argued that they were unjust and should be reported. After making this claim, the Supreme Court agreed and said it "met the standard for cruel and unusual punishment." which this case prevailed over others is that the punishments Weems had to endure were disproportionate to the actual crime The death penalty may have sparked a lot of discussion since under certain circumstances it could violate the Eighth Amendment, but after the Roper v. Simmons case. the Eighth Amendment takes another turn. Roper vs. Simmons, another highly influential trial, is about a 17-year-old who violently killed a woman by throwing her off a bridge. Because she was not an adult, the Supreme Court sides with Simmons and agrees that punishing him would be unconstitutional and unfair since he was a minor when he committed the crime.