This is what the amendmant is about and how it is written. Which is represented in four questions?
”Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.“ Or at least that'show its written in the bill of rights to mainlyprotect the prosecutedfrom overly harsh punishments that are too harsh and unusual for the commited crime.
What is the amendment? How is it written in the Constitution?
What are these controversies I keep hearing about the eighth amendment?
The main controversy about the eighth amendment is about what is viewed as too cruel of a punishment and how to measure it. A good example would be the Jones v. Mississippi court case
The petitioner, Brett Jones: in court for killing his grandfather by stabbing him to death.
With the respondent being the Mississippi supreme court
On Nov 3, 2020 When the case was argued. But was decided on Apr 22, 2021
The competing value is the rights of offenders versus those of victims or the victim's family. If the sentence violates the rights of offenders, it would violate the eighth amendment, which is cruel and unusual and does not qualify.
The under normal circumstances the court would be giving the offender life imprisonment, but since the offender is too young to be dealt life in prison. A compromise must be made that protect that enforces the victims and the perpetrator's rights.
However, it would be under normal circumstances. If that juvenile that is being convicted is determined incorrigible, this is determined by the supreme court by a majority vote. Jone's lost the vote by 6-3, Jone's is one of those rare children for whom life without parole is a constitutionally permissible sentence.
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