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worldwatcher3072 · 8 months
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"Constitution Matters"
The Eighth Amendment's Role in Upholding Justice and the Warning Against its Erosion"
Welcome once again to "Constitution Matters," where we delve into the core principles of the United States Constitution and the significance of its amendments. In this segment, we continue our exploration of the Eighth Amendment, a cornerstone of justice and human rights, while also considering the warning it carries against potential erosion.
The Eighth Amendment: A Pillar of Justice and Humanity
The Eighth Amendment, found within the Bill of Rights, stands as a testament to our commitment to justice and human dignity. It reads:
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
This amendment, concise yet profound, plays a pivotal role in shaping a just and humane society. Here's a recap of its critical importance:
1. Protection Against Cruel and Unusual Punishment:
Central to the Eighth Amendment is its prohibition of "cruel and unusual punishments." It serves as a moral compass, preventing the abuse of power and ensuring that our criminal justice system respects the inherent dignity of every individual, even those who have committed crimes.
2. Curbing Excessive Bail and Fines:
The amendment also addresses the issue of excessive bail and fines, ensuring that financial penalties remain proportionate to the alleged offense and that bail is not used as a tool for punishment rather than securing a defendant's appearance in court.
3. Adapting to Evolving Standards of Decency:
The language of the Eighth Amendment adapts to changing societal standards of decency. It reminds us that what was once considered acceptable punishment may no longer align with our contemporary values of compassion, fairness, and respect for human rights.
4. Upholding Human Rights:
Beyond its legal implications, the Eighth Amendment underscores our commitment to upholding fundamental human rights. It sends a resounding message that, even in the face of criminal actions, we stand firm in our values of compassion, fairness, and respect for the dignity of each person.
5. Challenging Injustice:
The Eighth Amendment empowers individuals to challenge harsh or degrading treatment within the criminal justice system. It provides a legal pathway to address punishments that cross the boundary into cruelty, holding authorities accountable for their actions.
6. Encouraging Rehabilitation:
By discouraging excessive punishment and cruelty, the Eighth Amendment encourages a focus on rehabilitation within the criminal justice system. It acknowledges that our goal should be to help individuals reintegrate into society as responsible, law-abiding citizens.
A Warning Against Erosion:
While the Eighth Amendment stands as a beacon of justice, its interpretation and application have been a subject of ongoing debate and legal scrutiny. Perhaps even more concerning is the growing call by some to amend or weaken its protections.
Such attempts to "amend" the Constitution to eliminate or dilute these essential protections should serve as a clear warning. These actions run the risk of undermining the rule of law, eroding the principles of justice and human rights that our nation was built upon, and compromising the very essence of our Constitution.
In conclusion, the Eighth Amendment is not only a pillar of justice but also a reminder of our commitment to upholding human dignity and the rule of law. It carries an unequivocal warning against any attempts to weaken its protections, urging us to defend these fundamental principles that form the bedrock of our society.
As we continue our exploration of "Constitution Matters," let us remain steadfast in our dedication to justice, human rights, and the preservation of our constitutional safeguards.
Join us in our next installment as we delve further into the enduring significance of our Constitution.
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This may be triggering to some.
According to the 8th Amendment from the Bill of Rights, cruel and unusual punishment is unconstitutional.
In the state of Alabama, a Republican by the name of Steve Hurst proposed a bill that would require child predators and molesters that have committed offenses to children of the age of 13 and under to pay for their own CHEMICAL CASTRATION pill before being released from prison.
“I’ve often wondered what that child went through, physically and mentally, and what kind of shape he’s in now,” Hurst said to CBS News. “They [sex offenders] have marked these children for life. They will never get over it. And if they’ve marked children for life, they need to be marked for life.”
On May 6th, 2019, the bill was approved by Alabama governor Kay Ivey.
This has caused some anger within the country, for instance, C. Leonard of Prison Reform wrote on Twitter: “There is NO data that confirms this is necessary or even works…its a vile reflection of someone’s personal beliefs.” She added: “And I do agree it should be challenged under the 8th amendment as cruel and unusual punishment. This bill is simply ridiculous and Steve Hurst should be reprimanded and ousted based on this alone.”
The civil rights group called ‘American Civil Liberties Union’ also stated that mandatory chemical castration is a “cruel and unusual punishment.”
Dr. Frederick Berlin, founder of a sexual disorders clinic at John Hopkins University, said in an interview with CBS News in 2016, “that in some instances lowering testosterone levels can help reduce libido and sexual urges, and may have an effect on recidivism.” But not all sex offenses are sexually driven, Berlin said: “There are many sex offenders who aren’t driven by intense sexual urges. Some of these folks have other mental health issues, so it could just lull us into a false sense of security.” He also added, “Just to do it as a one-glove-fits-all is very unlikely to be helpful. I do think there is a role for medicines that lower sexual drive and enable people to be in better control. But this should be through a collaborative effort between the criminal justice and the scientific medical community.”
Attorney Raymond Johnson told Texomas he foresees significant legal challenges after implementation of the new law, especially since it may infringe on the 8th Amendment. He said: “They’re going to challenge it under the 8th Amendment [of the] Constitution. They’re going to claim that it is a cruel and unusual punishment for someone who has served their time and for the rest of their life have to be castrated.” Johnson does agree that child molestation is a severe crime in and of itself but that the punishment is already on a par with time served in prison followed with probation or parole.
So, this would be a cruel and unusual punishment. Even if it’s for an awful part of society, it’s unconstitutional; for these predators and molesters are still people of the United States.
I don’t know if there’s a petition to go against this bill, but if there is, put it in the comments and I’ll add it to the post.
Information Source(s):
Article titled “‘Chemical Castration’ Drugs Will Be Given to Convicted Child Molesters Under Alabama Bill” by Victor Westerkamp on The Epoch Times
https://www.theepochtimes.com/chemical-castration-drugs-will-be-given-to-convicted-child-molestors-under-alabama-bill_2951316.html/amp
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burnitalldownism · 6 years
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I’m seeing a lot of (pretty exclusively American) Catholics and other Christian denominations online wondering why the church wasn’t more vocal on the 8th Referendum, why they weren’t on the campaign trail for a No vote.
That was 100% a decision they made and they made it to help try and secure a No vote. After the Magdalenes, the Mother & Baby hones, the child abuse and the coverups, the forced adoptions for profit, the contraception ban, the censorship, Tuam...my heart Tuam, they’ve learned one thing. Not to be less evil no, but that when they try and speak from a moral high ground they’re being giant fecking hypocrites. And that people have learned the exrutiatingly, painfully hard way that if the church supports one thing, you want to be on the right side of history and support the other.
If the bishops and priests had been out campaigning for No, then I guarantee you the Yes vote would’ve been even higher.
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asktinks · 7 years
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Fantastic day at the march! Amazing turn out, so many people voicing their opinion on the #eighthamendment #strike4repeal #march4repeal #repealthe8th #repealtheeighth #itsabouttime #womenschoice #womensrights #internationalwomensday
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1.3: Things you can’t outrun
Okay, the bad guy of the week here is a fart monster who used to be a mob assassin. This is, honestly, a good start. He's a dude who can turn into poison gas. So this is a bad guy who you can't stop by just running up and punching him. You punch him, he turns to poison mist, punch goes right through. So they need to figure out some other clever way to defeat him, like containing his gaseous form, or analyzing the gas to find a way to neutralize it so that it's not deadly, or freezing him, or...
... No, sorry, this is The Flash. So he defeats the guy by running up and punching him. If there's ever a problem that could easily be solved by running up and punching it, that solution's off the table. If there's a problem that clearly can't be solved by running up and punching it, they'll have Barry run up and punch it. Fuck this show. Just... Just fuck this show.
Also, they do acknowledge it somewhat, but the Star Labs prison is SUPER fucked up. All other fictional superheros, you can kind of let the vigilante justice slide because at least they deliver the bad guys to the proper authorities, but the Flash is locking them up, indefinitely, without trial, in solitary confinement. It’s even worse than legitimate solitary confinement--which is still just barely considered to be less than cruel-and-unusual-punishment--because most prisons at least give inmates some access to the yard, daily showers, the right to call their lawyer, etc. The Star Labs prison makes solitary confinement in a regular prison look like monitored house arrest.
Oh, and as a side note, the way this bad guy got his evil superpowers is he was being gas-chamber executed when the Particle Accelerator went off. The US hasn’t actually killed anyone with a gas chamber since 1999. That was like, 30 seconds of research on Google, guys.
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ciaraoconnor · 7 years
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ENDA ENDA WHERES THE REFERENDA?! Top notch chanting at the London #strike4choice . . . #repealtheeighth #repeal #repealthe8th #eighthamendment #strike4repeal #strike4choice #london #irishembassy #march #protest #mybodymychoice #mybodymyright #irishblogger #itwbn (at Irish Embassey)
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thelibertyloft · 4 years
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Founder Fridays, Pt. 8: Eighth Amendment
In this week's edition of Founder Fridays, Dillon takes a closer look at the eighth amendment to the Constitution. It's important to pay attention to, as both Kamala Harris and Joe Biden have ignored it in the past. #FounderFriday #8A #EighthAmendment
Charlotte, NC — “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
The 8A protects US citizen’s rights against excessive bail and fines and cruel and unusual punishments as they relate to criminal cases. To put this in perspective, a US court cannot seek out a life sentence for petty crimes, like traffic violations or minor drug…
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worldwatcher3072 · 9 months
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Constitution Matters: Exploring the Eighth Amendment and Its Relevance in Everyday Life
Welcome back to our ongoing series, "Constitution Matters," where we delve into the fundamental principles and amendments that shape the United States Constitution and impact the lives of its citizens. In this installment, we're shining a spotlight on the Eighth Amendment and its significant relevance in our daily lives.
The Eighth Amendment in a Nutshell: The Eighth Amendment, a part of the Bill of Rights, states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." At its core, this amendment embodies the principles of justice, fairness, and human dignity. But how does this seemingly legalistic amendment play a role in the everyday lives of U.S. citizens?
Protection Against Cruel and Unusual Punishment: While the language of the Eighth Amendment might appear abstract, its real-world implications are far-reaching. The prohibition of "cruel and unusual punishments" serves as a safeguard against the mistreatment, abuse, or disproportionate punishment of individuals by the government. This means that the state cannot subject citizens to punishments that go beyond societal norms, treating all individuals with respect and dignity.
Relevance in Criminal Justice: In the realm of criminal justice, the Eighth Amendment holds substantial weight. It ensures that individuals, regardless of their alleged crimes, are not subjected to torture, inhumane conditions, or excessive penalties. This protection is evident in various aspects, such as prison conditions, sentencing, and the death penalty.
Consider the case of overcrowded prisons. The Eighth Amendment has been invoked in lawsuits aiming to improve the living conditions of inmates, advocating for basic necessities such as adequate healthcare, nutrition, and sanitation. This demonstrates how the amendment directly impacts the rights and well-being of those within the criminal justice system.
Bail and Fines: The Eighth Amendment also addresses the issue of excessive bail and fines. It prevents the government from imposing unreasonably high bail amounts that effectively deny individuals the opportunity to secure their release before trial. Additionally, it curtails the imposition of disproportionately large fines that could lead to financial ruin. These provisions highlight the amendment's commitment to fairness and the protection of individuals' rights, irrespective of their economic status.
Modern Applications: As society evolves, so too does the interpretation of constitutional principles. In recent years, debates surrounding issues such as the use of solitary confinement, mandatory minimum sentences, and the application of the death penalty have all invoked the protections of the Eighth Amendment. These discussions underscore the ongoing relevance of the amendment in shaping contemporary legal and ethical debates.
The Eighth Amendment's impact extends far beyond the legal realm; it plays a crucial role in shaping the values and principles of a just and humane society. By protecting citizens from cruel and unusual punishment, ensuring reasonable bail and fines, and addressing pressing issues in the criminal justice system, this amendment maintains its significance in safeguarding the rights and dignity of all U.S. citizens.
Join us next time as we continue our exploration of the United States Constitution and its enduring influence on our lives. Until then, remember that Constitution Matters.
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myopinionpiece · 9 years
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Saturday, 18th July - 12.12pm The highlight of my first (and by no means last) Summer School. This vote showed that Young Fine Gael is a changing and progressive organisation, representative of a changing and progressive Ireland. #YFG #GFSS #yfg15 #gfss #RepealThe8th #OhLisdoonvarna #EighthAmendment @young_fine_gael (at Pavilion Theatre, Lisdoonvarna)
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digbygroks · 10 years
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so unless you got a warrant a big fat fucking cashier's check or the key you better stay the fuck outta /my/ place
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suitedgladiators · 4 years
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ABAJournal
The @ABAesq filed an amicus brief with the Idaho Supreme Court urging justices to consider the ABA's position on issues related to public records about the lethal injection drugs used in death penalty cases. https://t.co/gVCLSCtlW3 @amandasrobert #FirstAmendment #EighthAmendment pic.twitter.com/oCpEpfrAMb
— ABA Journal (@ABAJournal) March 3, 2020
via Blogger https://ift.tt/3cskoEf https://ift.tt/20qd6Z0
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suitedgladiators · 4 years
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ABAJournal
The ABA has urged a top state court to consider a death penalty policy and constitutional challenges in a drug records case. https://t.co/dbb9pvd11Z @ABAesq @amandasrobert #FirstAmendment #EighthAmendment
— ABA Journal (@ABAJournal) March 2, 2020
via Blogger https://ift.tt/2Ti1tV6 https://ift.tt/20qd6Z0
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suitedgladiators · 5 years
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ABAJournal
Solitary confinement conditions violated death-row inmates' Eighth Amendment rights, 4th Circuit rules. https://t.co/dIaNVBCavJ #EighthAmendment
— ABA Journal (@ABAJournal) May 6, 2019
via Blogger http://bit.ly/2PXKSD7 http://bit.ly/20qd6Z0
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