Thursday, April 26, 2012

The 8th and 14th Amendments

This case deals with the 8th and 14th Amendments. Here is a refresher on what they are.
First the 8th Amendment. It states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (U.S. Constitution). While the death penalty itself could be argued goes against this amendment, the Court based their decision partly off this amendment, focusing in on the cruel and unusual aspects.
Second the 14th Amendment. It states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (U.S. Constitution). This is where Florida’s court system went wrong as well as the Federal District Court. They didn’t fully uphold Ford’s 14th Amendment rights.

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