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Where is cruel and unusual punishments found in the constitution?
Wiki User
∙ 15y ago
The Eighth Amendment.
Wiki User
∙ 15y ago
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Was the constitution pro-slavery?
The Constitution had no say in the writting about being pro slavery or not, because men had refused to sign it if it included on for or not for slavery. So it was left out of the Constitution, but it was added later when it was banned in the admendments.
In which article of the constitution is the power of congress discussed?
The powers of the U.S. Congress may be found in Article I of the Constitution of the United States of America. For more, please feel free to view a transcript of the Constitution of the United States of America. Click on the link to the website of the National Archives under Related Links. ----
What is the meaning of expressed power?
Expressed powers are those powers directly stated in the Constitution. Most of those powers are found in the first three articles of the Constitution. Examples are the power to levy and collect taxes, to coin money, to declare war, and to regulate commerce among the states. Expressed powers are also known as enumerated (listed) powers.
What are six purpose found in the Preamble of the US constitution that explains why the constitution was written?
in order to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and to ourselves and our posterity do ordain and establish this Constitution for the United States of America.
Which part of the constitution lists the purpose for its creation?
The Preamble to the Constitution lists the six functions of government:To form a more perfect UnionTo establish justiceTo insure domestic tranquilityTo provide for the common defenseTo promote the general welfareTo secure the blessings of liberty
Which right did members of the Constitutional Convention adopt from the English Bill of Rights?
The Freedom from cruel and unusual punishment provision in the US Constitution was originally found in the English Bill of Rights.
What does the eighth admanment MEAN?
The eighth amendment of the U.S. constitution prohibits the federal government from imposing excessive bail or from issuing cruel or unusual punishment in the case you are accused of a crime. This is meant to prevent the practice of holding someone in custody without the opportunity to be considered innocent until guilty, (excessive bail), and to prevent inhumane punishments, like drawing and quartering, stoning to death and other medieval punishments or inappropriate punishments that would be imposed on minors and the mentally challenged (cruel and unusual). This amendment assures that even if your are found guilty, you will have the opportunity to have access to defense, freedom until proven guilty with reasonable bail, and freedom from barbaric punishment. And in case you are found not guilty, your life will have been as minimally affected as possible.
What rights are found in the Eighth Amendment?
No infliction of excessive fines, cruel or unusual punishment.
In 1972 death penalty unconsitutional?
Yes, in 1972, the case of Furman v Georgia made the death penalty unconstitutional. By a vote of 5 to 4 the Supreme Court found the death penalty cruel and unusual as practiced. They said it was arbitrary and capricious in the way it was administered. Justices Marshall and Brennan found the death penalty cruel and unusual per se. Justice Douglas, Justice Stewart, and Justice White found capital punishment cruel and unusual as practiced. In 1976 Gregg v. Georgia brought back the death penalty.
Why capital punishment is not unconstitutional as cruel and unusual punishment?
This argument has often been made by those that seek to end the death penalty. Courts have consistently found that it is not cruel and unusual if applied uniformly and humanely. You'd have to read the opinions for the extensive reasoning.Added: (in the US) In addition to the above fact, it is simply because an overwhelming majority of US citizen voters remain in favor of it.
Compare state constitutions and US Constitution?
The US Constitution is the founding document of the country. Before that document was approved, however, state governments were made through state constitutions. The state constitutions only applied to the states, however, while the US Constitution applies to the whole nation. For an example, a state constitution will not have articles that deal with foreign treaties or tariffs because the US Constitution gives that power to the federal government. Also, the state may have a constitution that speaks about the death penalty. This will not be found in the US Constitution, as all duties not provided by the federal government belonged to the states. With that said, the US Constitution has an amendment forbidding cruel or unusual punishment. This means that the US states cannot pass death sentence laws that conflict with the US Constitution.
Has the 8 amendment been interpreted to allow the death penalty?
The execution last week in Texas of Betty Lou Beets for the murder of her husband has put capital punishment in the headlines again. Many critics of the death penalty argue that it is unconstitutional because it violates the 8th Amendment'sprohibition against "cruel and unusual" punishments. What should be made of these arguments? What is the definition of "cruel and unusual" and does the death penalty fall under that definition?You correctly note that the 8th Amendment to the United States Constitution forbids punishments that are "cruel and unusual." Various legal interpretations of the meaning of "cruel and unusual" have been offered, but generally the term "cruel" is taken to mean excessively painful or brutal. Punishments such as torture and dismemberment seem to clearly fall under this heading. "Unusual" has generally been understood to mean a punishment that is not usually associated with a particular crime but which is nonetheless applied arbitrarily in some cases. If nine of every ten jaywalkers were cited and fined $5 while the remaining one out of ten were fined $5,000, such a penalty would be "unusual." Furthermore, both terms taken together suggest that punishments should be proportionate to the crime that was committed. Life imprisonment for shoplifting would be "cruel and unusual" not because it is an unacceptable form of punishment under any imaginable set of circumstances, but because it is excessive given the crime in question.The Supreme Court has addressed the question of whether the death penalty is a cruel and unusual punishment several times. In doing so, it has generally considered all three of the definitions of "cruel and unusual" noted above. The Court has never ruled the 8th Amendment completely rules out the use of the death penalty. That is not to say, however, that the Court might never rule in such a manner. In its decisions, the Court has explicitly stated that the meaning of the 8th Amendment can and does evolve over time as society's norms and values change. In the late 1700s, for example, shortly after the Constitution was ratified, whippings were commonly recognized as acceptable punishments for particular crimes. Such practices are no longer considered appropriate because society's views of "cruel and unusual" have changed. With regard to the death penalty, however, the Court has maintained that there remains broad public support for the death penalty as a remedy for the most serious of crimes.While the Supreme Court has maintained that the death penalty is not excessively "cruel" in and of itself, it has ruled that if its application is "unusual" it violates the 8th Amendment. The two most important decisions about the application of the death penalty came in 1972 and 1976, both in response to challenges of Georgia death penalty statutes. In the 1972 case, Furman v. Georgia, the Court concluded that the arbitrary application of the death penalty and the disproportionate number of minorities that were executed made the death penalty "unusual." In response to this decision, the death sentences of about 600 death row inmates were commuted to life and no executions were allowed in the United States four about four years. By declining to rule that capital punishment was unconstitutional in and of itself, however, the Court left the door open for state legislatures to draw more narrowly construed death penalty statutes that would satisfy the Court's misgivings.In 1976, Georgia's newly written death penalty statute was challenged before the Supreme Court in Gregg v. Georgia. The Court ruled that Georgia had successfully responded to the Court's concerns in creating a statute that applied the death penalty in response to specific, carefully defined crimes, allowed for the consideration of the particular circumstances of the crime and allowed for expedited appeals in cases where the accused was sentenced to die. In a series of cases since the Gregg decision, the Court has consistently required the federal and state governments to apply the death penalty consistently and fairly and then only in proportion to the crimes committed. The Court has, for example, found that the death penalty is too severe a punishment for the rape of an adult when the victim is not killed. Just what kinds of actions merit the death penalty (other than the direct commission of a murder), however, remains somewhat unclear.In ruling that the death penalty is not a "cruel and unusual" punishment under the 8th Amendment, the Supreme Court has cited the 5th Amendment which the Court believes strongly implies that the Framers did not intend to prevent the use of capital punishment. The 5th Amendment guarantees that no one shall be deprived of "life, liberty, or property, without due process of law." The clear implication is that depriving someone of his or her life is permissible under the Constitution.In spite of the Supreme Court's rulings, the death penalty remains a controversial issue. Critics maintain that evil should not be returned with state-sanctioned evil. Others argue that we can never be 100% confident in the accuracy of trial verdicts and that persons should not be put to death even if their is the slightest chance they may be innocent. Supporters of the death penalty, however, assert that there are some crimes which are such an affront to human decency and to the norms of society that an individual who commits them surrenders his or her right to live. In this nation's ongoing effort to strike the appropriate balance between liberty and order, the death penalty forces each of us to consider fundamental questions about nature of political society, the rights and responsibilities of individuals and the extent of governmental power.
Why was the death penalty suspended?
In the U.S. it was suspended in 1972 because of the case Furman v Georgia. The Supreme Court found it to be unconstitutional for a number of reasons including racial bias and that it was cruel and unusual. For more information go to Capital Punishment Debate on Wikipedia.
Where is taxation found in the constitution?
Taxation in the Constitution can be found in Article I, Section, 2, Clause 3.
What are the punishments if a woman was found dressed as a man in the Olympics?
If you are talking about the ancient Olympics she was beaten to death.
What unusual item was found in a museum in Victoria?
snake
What is the one word not found in the constitution?
Where in the Constitution is the word "Purse?"
