NicolePapa8
13 views | +0 today
Follow
Your new post is loading...
Your new post is loading...
Scooped by Nicole Papa
Scoop.it!

8th Amendment

8th Amendment | NicolePapa8 | Scoop.it
8th Amendment - Eighth Amendment: Prohibits Excessive Bail and Cruel and Unusual Punishment
Nicole Papa's insight:

The 8th amendment was attached to the Bill of Rights in 1791. The state of Virginia was the 1st to adopt the provisions of the English Bill of Rights. It was included in the VA Declaration of Rights 1776. The 8th amendment is part of the Bill of Rights, which are the 1st 10 amendments to the US Constitution and the frame work of freedom.

more...
No comment yet.
Scooped by Nicole Papa
Scoop.it!

Supreme Court Cites Eighth Amendment, Says Sentence of 110 Years to Life for Juvenile Is Unconstitutional

Nicole Papa's insight:

A 16 year old was sentenced to 110 years to life has violated the 8th amendment based on cruel and unusual punishment. Caballero, 16 at the time was part of a gang and he fired a gun at 3 people to another gang. He hit one of the 3 people, but didnt kill him. As a juevnile offender. The Cheif justices opinion is that there should be a trial for resentence that does not violate his constitutional rights.

more...
No comment yet.
Scooped by Nicole Papa
Scoop.it!

On the 8th Amendment and Justice Kennedy’s Prison Ruling - Law Blog - WSJ

On the 8th Amendment and Justice Kennedy’s Prison Ruling - Law Blog - WSJ | NicolePapa8 | Scoop.it
Two days removed from the U.S. Supreme Court's 5-4 decision upholding a lower court ruling that gave California two years to slash its prison population, the scribes are still exploring angles to the story, from a look at Anthony Kennedy's pivotal...
Nicole Papa's insight:

Justice Anthony Kennedy gave California 2 years to slash its prison population. Kennedys major opinion was what constitutes cruel and unusual punishment. This included no death penalty for minors and for adult criminals who left their victims alive. He felt minors should be given an oppurtunity to seek parole unless their crime included murder.

more...
No comment yet.
Scooped by Nicole Papa
Scoop.it!

The 8th Amendment

The 8th Amendment by Leanne Vargas, Miriam Godinez, Peter Pham, Armando Sandoval, and Abel Marin, Santa Ana College Summer 2012
Nicole Papa's insight:

In 1791 the 8th amendment was added to the constitution in the Bill of Rights. The 3 components of this amendment are the prevention of 1. Excessive bail 2. Excesscive bail 3. Cruel and unusual punishment. If the higher court feels that the judges fine was unreasonable they can choose to overturn the fine.

more...
No comment yet.
Scooped by Nicole Papa
Scoop.it!

The cruel and unusual 8th Amendment

The cruel and unusual 8th Amendment | NicolePapa8 | Scoop.it
A Free Press For A Free People Since 1997
Nicole Papa's insight:

The 8th Amendment does not state what an "excessive bail" is or the specific crimes that justifies a high bail cost. The Supreme Court has presented two rules on the excessive- bail clause. First, a judge has the discretion to decide if criminal offense rises to the level to justify high bail. Second, a judge has the authority to refuse a criminal defendant bail as a preventive measure.

more...
No comment yet.
Scooped by Nicole Papa
Scoop.it!

Eighth Amendment (1791) | Bill of Rights Institute

Eighth Amendment (1791) | Bill of Rights Institute | NicolePapa8 | Scoop.it
Americapedia Eighth Amendment (1791) This amendment prohibits excessive fines and bail, as well as cruel and unusual punishments. The phrase “cruel and
Nicole Papa's insight:

This amendment prohibits excessive fines and bail, as well as cruel and unusual punishment. The phase " cruel and unsual punishments" came from the English Bill of Rights. The British often beat and whipped their prisoners. The founders believed justice requires people found guilty of crimes be protected from this kind of treatment.

more...
No comment yet.
Scooped by Nicole Papa
Scoop.it!

8th Amendment - No Cruel and Unusual Punishments

8th Amendment - No Cruel and Unusual Punishments | NicolePapa8 | Scoop.it
Cruel and unusual (and really kinky!) punishments are banned by the 8th Amendment.
Nicole Papa's insight:

The 8th amendment is suppose to pretoect people from cruel and unusual punishment. But there is a sheriff in Arizona who is famous for forcing male prisoners to wear pink underwear. If your not a threat to society you can get out by posting bail. The 8th amendment protects you from having to pay too much.

more...
No comment yet.
Scooped by Nicole Papa
Scoop.it!

The Eighth Amendment Explained: The Constitution for Dummies Series

Continuing the Constitution for Dummies Series with the Bill of Rights and Amendment 8. Explained simply so you can understand the Constitution of the United...
Nicole Papa's insight:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punsihments inflicted. The 8th amendment came from the British Bill of Rights. Bail and fines are based on the severity of the crime, also if the defendant is a 1st time offender.

more...
No comment yet.
Scooped by Nicole Papa
Scoop.it!

Criminal sentencing and provisions of the Eighth Amendment

Law Office of Carina Castañeda
Nicole Papa's insight:

Criminal sentencing and provisions of the 8th amendment are determind by the judges not the juries. Common factors are whether they are 1st time offenders or a repeat offender, weather firearms or weapons were used and character of the defendant. The 8th amendment to the U.S Constitution made to the states the 14th amendment, provides that "excessive bail shall not be required, nor excessive fines, nor cruel and unusal punishment be inflicted"

more...
No comment yet.
Scooped by Nicole Papa
Scoop.it!

Executing Young Killers Is Upheld : High Court OKs Death Penalty for 16-Year-Olds, the Mildly Retarded

Executing Young Killers Is Upheld :  High Court OKs Death Penalty for 16-Year-Olds, the Mildly Retarded | NicolePapa8 | Scoop.it
Murderers who are as young as 16 or who suffer mental retardation may be put to death, the Supreme Court said Monday, ruling that the execution of such people is not "cruel and unusual" punishment...
Nicole Papa's insight:

Executing young killers is upheld: high court oks death penalty for 16 year olds and the mildly disabled. On June 27,1989 the Supreme Court voted 5-4 that the execution of such people is not "Cruel and unusal" punishment. Out of 37 states that permit capital punishment, 22 say that it may be imposed on people as young as 16. California has a minimum of 18. Only Georgia and Maryland specfically forbit capital punishment for mentaly retarded murders.

more...
No comment yet.