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8th Amendment Research Paper

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Constitutionally acceptable punishments include fines, imprisonment and humane executions for certain serious crimes. The Eighth Amendment to the U.S. Constitution limits the punishments that may be imposed by the government on American citizens. These limits are compulsory among the states by way of the Fourteenth Amendment. The English Bill of Rights of 1689 expressed concern with arbitrary and disproportionate sanctions, giving way to the Founders inclusion of the prohibition against cruel and unusual punishment. To explore the Eighth Amendment it is important to consider constitutionally accepted punishments, the ever-evolving practice of capital punishment, and eighth amendment protection inside prison walls.
Barron V. Baltimore (1833), …show more content…
Wainwright (1963), Clarence Gideon was arrested for theft from business within his town and charged with the crimes. Being poor, he could not afford his own lawyer. He requested that he be appointed a lawyer. Because he was a resident in Florida, at that time only allowed court-appointed attorneys for capital crimes. Gideon tried his own case and lost. He was sent to prison and while in prison did research read some law books and he drafted his own appeal to the US Supreme court, which accepted his review. Abe Fortas was appointed his as his counsel. Abe Fortas main argument was that the poor person was a “special circumstance” that was covered by the Constitution under the theory of a person’s right to council. Fortas won 9-0 decision overturning Gideon’s conviction ordering a new trial. At that time he was released and acquitted. In this case the Supreme Court riled that the state courts are required under the Sixth Amendment of the Constitution to provide counsel in a criminal case for defendants who are not able to afford an …show more content…
Alabama (1932), On March 25, 1931, two white girls were raped on a train, and three African-American suspects were arrested and arraigned. They were eventually brought to trial, convicted of rape, and sentenced to death. The U.S. Supreme Court eventually heard this case. Three issues were raised by the appellant: The defendants were not granted a fair and impartial trial, The defendants were not afforded suitable counsel for their defense, and The defendants were not tried by a jury of their peers -- no African-Americans were on the jury. The trial began and ended in a single day and the men were all found guilty and sentenced to death. It is sad that they were not able to defend themselves legally nor investigate their own case to any extent because the defendants were illiterate and under guard every second from their arrest to their conviction. It happened so fast the defendants did not even have time to communicate with their family members or other people who could support them. There were attorneys who stepped forward and offered their help, but none would declare himself as their attorney. In this case, The Right to an Attorney listed in the constitution was also an obligation of the court. The defendants did need attorneys but was not given the option for one due to their age and them being illiterate. It was unfortunate because the defendants were not granted a fair

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