Sample Essay on:
Continued Controversy Over The Eighth Amendment

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Essay / Research Paper Abstract

5 pages in length. Protecting the rights inherent to every United States citizen is the foundation upon which the nation's Constitution was originally drafted; without this historic document and its subsequent amendments, the founding fathers realized the potential for America becoming a land held hostage by power, greed and injustice. Interestingly, this seems all too often to be the case even with the legally binding nature of constitutional rights, inasmuch as each of the existing amendments continues to be misinterpreted, modified or essentially ignored when it fits a certain circumstance. The Eighth Amendment (prisoner rights) is one of the most overlooked when it comes to amendment controversy, a reality that can readily be attributed to general indifference from the public where the context of rights and inmates intersects. While prisoners are incarcerated for breaking the law of an otherwise civilized society, the masses find it difficult to extend them the same rights as they had outside prison once they cross that socially unacceptable line, however, criminals are still legally mandated to receive a certain level of civil liberties despite their transgressions. Bibliography lists 3 sources.

Page Count:

5 pages (~225 words per page)

File: LM1_TLC8thamend.rtf

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Unformatted sample text from the term paper:

potential for America becoming a land held hostage by power, greed and injustice. Interestingly, this seems all too often to be the case even with the legally binding nature of constitutional rights, inasmuch as each of the existing amendments continues to be misinterpreted, modified or essentially ignored when it fits a certain circumstance. The Eighth Amendment (prisoner rights) is one of the most overlooked when it comes to amendment controversy, a reality that can readily be attributed to general indifference from the public where the context of rights and inmates intersects. While prisoners are incarcerated for breaking the law of an otherwise civilized society, the masses find it difficult to extend them the same rights as they had outside prison once they cross that socially unacceptable line, however, criminals are still legally mandated to receive a certain level of civil liberties despite their transgressions. The Eighth Amendment to the United States Constitution protects individuals against excessive bail and fines, as well as cruel and unusual punishments; pertinent to this particular amendment is the treatment of inmates. In spite of myriad frivolous federal lawsuits brought about by prison inmates who claim their constitutional rights under the Eighth Amendment have been violated, there is a window of protection within the scope of this amendment that affords them safekeeping against "being deprived of the basic necessities of life, such as food, shelter, health care, or personal security" (Hamden 15). However, it is the extent to which the deprivation of these inherent rights can be proved that establishes whether or not the Eighth Amendment has, indeed, been violated. "While prisoners lose many rights upon incarceration, they do retain a number of important rights" (Inmate Abuse). The word wanton is particularly pertinent ...

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