Effects of the 8th Amendment on American Law Essay Example for Free

Effects of the 8th Amendment on American Law experimentThe 8th Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.Ever since the Eighth Amendment was approved by the states in 1791, it has been a key part of our Constitution. The Eighth Amendment has protected our wad from many things, including an overly high bail or unnatural punishments. It has ensured that in civil matters, as well as deplorable cases, the people of America are protected from an overly 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 are written down on account but sometimes not properly enforced. The 8th amendment is the angiotensin-converting enzyme I favor least and is to be examined during this assignment. I take the double-minded position on the subject of the 8th Amendment of for and against this amendment. Is the Death Penalty an Effective punishment? In my opinion yes, with at least one important respect, it simply cannot be argued that a killer, formerly put to death, can ever kill again. The crime must fit the punishment in order to justify, and this punishment must not favor anyone on the foundation of color. If this were the case I would with stunned a doubt alone agree with this amendment, however, Studies show that there are racial biases when the death penalty is carried out. Since the resumption of executions in the proto(prenominal) 1980s, 40 percent of those executed view as been black.And more often than not blacks were more often executed than were whites without having their conviction reviewed by any higher court. The race of the victim and the defendant inevitably influences the decision to prove a death blame. University of Iowa law professor David Baldus conducted an exhaustive criminal sentencing study in Georgia in the 1980s. He found that prosecutors sought t he death penalty for 70% of black defendants with white victims, but altogether 15% of black defendants with black victims. Similar patterns of racial bias are found across the country. over half of those on death row are people of color. Black men alone actualise 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 sentence.The Baldus study found that six out of ten defendants sentenced to death in Georgia forkilling a white individual 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 more likely in a white victim case than a black victim case, accordi ng to a 1987 earthly concern Defenders Office study. Nearly half of those executed since 1976 have been people of color, with blacks alone accounting for 35%. every told, 82% have been put to death for the murder of a white person. Only 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 ohmic resistance with this Amendment on the basis of bias and suggest a moratorium until a pull in version 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 severance other amendments in the process.Criminal court procedures are at an all time slow and alert trials are a thing of the past. The government spending and income policies ne ed to be modified to modern times. in any case the treason penalty should be more heinous in the new world.ins an important part of our government. kit and boodle CitedShortall, Joseph M. Merrill, Denise W. Education Information Resource 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=usvol=481invol=279www.law.uiowa.edu/ mental faculty/david-baldus.php