Effects of the 8th Amendment on American Law Essay

The eighth Amendment Excessive bail shall not be required, nor uppity fines imposed, nor cruel and unusual penalisations inflicted.Ever since the integrity-eighth Amendment was formalize by the states in 1791, it has been a key take off of our Constitution. The Eighth Amendment has cherished our stack from many social occasions, including an as well high bail or unnatural punishments. It has ensured that in civil matters, as well as savage cases, the people of America atomic number 18 protected from an excessively high bail and cruel and unusual punishments.The Eighth Amendment has stirred up many controversies with its many paths of interpretation, in that the U.S. amendments atomic number 18 written down on melodic theme but some clock times not properly enforced. The eighth amendment is the one I favor least and is to be examined during this assignment. I take the double-minded position on the melodic theme of the 8th Amendment of for and against this amendment. Is the Death Penalty an Effective penalisation? In my opinion yes, with at least one most-valuable respect, it simply cannot be argued that a killer, one time execute, can ever kill again. The crime must fit the punishment in order to justify, and this punishment must not favor anyone on the alkali of color. If this were the case I would with extinct a doubt completely agree with this amendment, however, Studies show that there are racial separatrixes when the ending penalty is carried out. Since the resumption of executions in the early on 1980s, 40 percent of those penalize moderate been black.And more than often than not blacks were more often executed than were clean-livings without having their conviction reviewed by any higher court. The fly the coop of the victim and the defendant inevitably influences the decision to render a death time. University of Iowa law professor David Baldus conducted an pure(a) criminal sentencing study in Georgia in the 1980s. He fo und that prosecutors sought the death penalty for 70% of black defendants with white victims, but unaccompanied 15% of black defendants with black victims. Similar patterns of racial bias are found across the country. everyplace half(prenominal)(prenominal) of those on death row are people of color. Black men alone install up over 42% of all death row prisoners, though they account for only 6% of people living in the U.S. Nationwide, cases involving a white victim and a defendant of color are most likely to result in a death blame.The Baldus study found that six out of ten defendants sentenced to death in Georgia for violent death a white someone would not have received a death sentence had their victim been black. A case involving a white person was over four times more likely to result in a death sentence than was a comparable black victim case. In Maryland the state with one of the highest percentages of African Americans on death row a death sentence is eight times mor e likely in a white victim case than a black victim case, according to a 1987 universal Defenders Office study. Nearly half of those executed since 1976 have been people of color, with blacks alone history for 35%. All told, 82% have been piece to death for the murder of a white person. but 1.8% was whites who had been convicted of killing people of African, Asian, or Latin descent. Meanwhile, people of color are the victims in more than half of all homicides. Since 1930, one in two persons executed was black.Ultimately I must stand on the side of opposition with this Amendment on the basis of bias and suggest a moratorium until a clear adjustment of this amendment is established with clear mandatory sentences regardless of the victim or the defendants ethnicity and does what it initially intended to do which is protect The American citizen without breaking other amendments in the process. roughshod court procedures are at an all time slow and speedy trials are a thing of the p ast. The government spending and income policies need to be modified to modern times. Also the treason penalty should be more heinous in the new world.ins an important part of our government.Works CitedShortall, Joseph M. Merrill, Denise W. Education Information imagery 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&vol=481&invol=279www.law.uiowa.edu/faculty/david-baldus.php