Essay Sample on The Eighth Amendment

Consider a world where stealing a chocolate bar resulted in the death sentence. That is an extreme case, but if the eighth amendment did not exist, it might happen. The eighth amendment states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and punishments inflicted.” (Constitution) This amendment prevents the federal government from imposing excessively harsh punishments on criminal defendants, either as a condition of pretrial release or as a penalty for a crime committed after conviction.  Judges who were biased, racist, had different opinions, and so on would attack individuals who did not share their ideologies if this wasn't in place. Three court cases that encompass all of the key concepts of the eighth amendment are, United States v. Bajakajian, 1998, Waters-Pierce Oil Co. v. Texas, 1909, Wilkerson v. Utah, 1878.

One item specified in the eighth amendment is, “..nor excessive fines imposed…” (Constitution) however in 1998 this was violated in the case of Hosep Bajakajian. Mr. Bajakakjian attempted to board a flight out of the United States with $357,144 in cash on him.. He was prosecuted and jailed for an undisclosed sum of money in excess of $10,000, and they attempted to forfeit the whole sum, “the government also sought forfeiture of the entire $357,144 under 18 U.S.C. Section 982 providing that the deliberate violation of Section 5316 shall result in the forfeiture of ‘any property involved in such an offense.’” (United States v. Bajakajian) So, could it be permissible for a state to seize the entire quantity of money from Hosep simply because he failed to declare the excess? “After having its forfeiture claim rejected in both a district court and the Ninth Circuit, as excessively unconstitutional, the Supreme Court granted the government certiorari.” (United States v. Bajakajian) The answer is quite simply no, the forfeiture of so much money is a fine because he did not indicate any criminal intent and the government was not losing anything. “Noting the importance of making punishments proportional to their crimes, the Court reminded that currency transportation is generally permissible. Bajakajian's failure to do so within statutory reporting guidelines was neither related to other illegal activity nor did it result in loss to the government.” (United States v. Bajakajian) The Court emphasized the need of ensuring that sanctions are appropriate to the offenses committed, and stated that cash movement is normally permitted. https://www.oyez.org/cases/1997/96-1487

The second major point in the eighth amendment is, “Excessive bail shall not be required..” (Constitution) In 1909, Attorney General Martin M. Crane filed a suit saying that, “said company was part of the trust agreement in Standard Oil in New Jersey.” (10 Cases that Violate Excessive Bail) He was charged with antitrust, and the company was to pay $5,000 a day for 300 days, “Charged with antitrust violation, the company must pay at least $5,000 per day for 300 days. The company made an appeal stating that the amount violated the Eighth Amendment specifically the Excessive Fine Clause.” But, much to Waters-Pierce, the courts ruled against them since the firm was profitable at the time, which legally violated their rights. https://badboysbailbondsutah.com/10-cases-violated-the-eighth-amendment/

Capital Punishment, better known as the death penalty. Some consider it cruel and unusual, but others believe it is acceptable in certain cases. In the case of Wilkerson v. Utah 1878, Wilkerson was condemned to death by firing squad, which he considered cruel and unusual, and so infringed on his right to due process under the eighth amendment. “The defendant made an appeal on the ground that hanging was the approved form of execution at the time and not firing squad. However, the Supreme Court favored the decision.” (10 Cases that Violate Excessive Bail) He was charged with premeditated murder by allegedley shooting and killing William Baxter, which he pleaded innocent. Wilkerson argued that the firing squad, along with the other options they had provided him, such as disembowelment, beheading, and burning, were too harsh, “However, in finding the firing squad to be a constitutional means of execution, the Court also held that old English methods of execution such as disembowelment, beheading, and burning violated the Eighth Amendment's prohibition against cruel and unusual punishment.” (345, divided supreme court rules against death row inmate with rare condition) With the defense's stated justification, this case may raise doubts concerning capital punishment. Ex. are certain methods more violent and cruel than others. Lethal injection, decided in 2008, was the most ethical way of capital punishment. While some feel that euthanizing individuals who are too harmful to others is cruel and unusual, while others believe that in some instances it is essential to euthanize people who are too dangerous to others and then release them. 

In conclusion, the eighth amendment is essential to the constitution and to the rights of everyone. The power that any one person could hold if it did not exist would be catastrophic in many cases, especially if the jury and judges were in any way biased towards a defendant.  This is why the eighth amendment is in place, to assist those who are given unfair fines, bails, punishments etc.