8th Amendment Simplified: A Quality Essay Sample for Students

8th Amendment Simplified

The 8th Amendment to the US Constitution was created with the sole purpose of protecting convicted individuals against unjust punishments issued by the government. Although the amendment has been in practice ever since its introduction in the late 18th century, there are still ongoing debates about whether or not inhumane court punishments should have long mandatory sentencing laws and individual confinement. With that being said, the amendment still remains effective and has a singular aim of achieving the ideal balance between ensuring the laws are maintained, and the citizens are protected at all times.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Order now

Historical Background

The first time the American citizens were introduced to the notion of the 8th Amendment was in 1791. The Founding Fathers stood behind the invention of the amendment and ensured it was effectively put into practice to prevent further official abuse. According to one of the Founding Fathers, the inspiration for the amendment should be attributed to the British Bill of Rights. England at the time was notoriously known for its overly harsh treatment of convicted individuals. Hence, the bill intended to resolve the issue by introducing safeguarding measures to the general public. America followed in England’s footsteps and provided a detailed and extensive definition of what constituted inhuman punishments and why they had to be avoided at all costs.

Protections Under the 8th Amendment

• Protection from excessive bail. If you are familiar with the legal court system, you probably know that bailing someone out means paying money for the said person to be temporarily released from prison until the court meeting is adjourned and the verdict is announced to the convict. The amendment is aimed at ensuring the bail is not too high and remains proportionate to the crimes committed by the individual. However, in some cases, the convicts are not allowed to visit the detention cell. This happens when a serious offense has been committed, or the individual has already been detained in the past and fled the country instead of facing a fair trial in court.

• Protection from cruel and unusual punishment. This is one of the most controversial aspects of the amendment. Why does protection from cruel punishment generate such interest among the supporters of the just legal system across the country? Some historians believe that the reason the following amendment section remains so widely discussed is because the definition of inhumane punishments has evolved over the years. In the past, such punishments often denoted physical abuse from the police or the court representatives or excessive detainment in prison for minor crimes. At the moment, the main debate issue is related to the question of solitary confinement and whether it is ethical enough to consider it as a punishment in the first place.

Conclusion

Although the 8th Amendment has been around for a long time, the debates regarding its status in America’s legal system remain strong. The public remains hesitant about certain elements of the amendment, including the unfair treatment of individuals who have been convicted by the government. The ultimate goal of the amendment, however, remains the same: to protect and safeguard the US against cruel and unusual punishment enforced by the law.