NEED HELP?!!! cant find answer.?
Explain the 8th Amendment and the two exceptions/conditions when this Amendment would not be used?
I know that one would be the Death penalty but ive been rattling my brain trying to come up and find a second one. Help please?
- dudleysharpLv 65 years agoFavorite Answer
You are mistaken and have been misinformed. . The 8th Amendment applies in all circumstances, as do all constitutional guidelines, obviously.
Is the Death Penalty Constitutional? Is this a serious question?
Of the 112 justices of the US Supreme Court, I believe only two have declared the death penalty unconstitutional, showing how in disrepute that opinion is.
Easy to understand.
Twice, the 5th Amendment authorizes execution.
1) “ No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury . . . ” and
(2) “. . . nor shall any person . . . be deprived of life, liberty, or property, without due process of law . . . ”.
The 14th amendment is, equally, clear:
” . . . nor shall any State deprive any person of life, liberty, or property, without due process of law . . .”.
Not surprisingly, over 200 years of US Supreme Court decisions support those amendments and the US Constitution in authorizing and enforcing the death penalty.
Some wrongly believe that the US Supreme Court decision, Furman v Georgia (1972), found the death penalty unconstitutional. It did not.
That 1972 SCOTUS decision, Furman v Georgia, found that the statutory enforcement of the death penalty in the US was a violation of the 8th Amendment, as then instituted.
New death penalty statutes were approved by SCOTUS in 1976 (Gregg v Georgia)
Based upon the death penalty being integral within the constitution, through the 5th and 14th amendments, I do not believe it will ever be found unconstitutional.
- Anonymous5 years ago
Well, there are probably an infinite number of punishments that the amendment would not prohibit, like revocation of a driver's license for ridiculous speeding, or 30 days in jail for vandalism, etc. No court would consider those "cruel and unusual."
I think the "exceptions" the question is asking about are the ones implied by the word "excessive" that modifies "bail" and "fines." Bail and fines are not prohibited in and of themselves; they're prohibited only when "excessive." So a reasonable bail or a reasonable fine would be OK.
- MercyLv 75 years ago
excessive bail, fines and cruel and unusual punishments ( It says nothing about the death penalty. That is a State decision.)
Did you google" the 8th Amendment and the two exceptions/conditions when this Amendment would not be used"