8th Amendment: Best Approach for Upholding Human Dignity and Rights - Essay Sample

Introduction

The approach suggested by the 8th Amendment is the best approach possible. This is because it covers all the aspects associated with ensuring that the citizens are taken care of, and that priority is given to ensuring human life is dignified when it comes to the way the judicial system treats them. I believe that the 8th Amendment is meant to provide comfort and that it is responsible for upholding the constitution and personal rights and freedoms.

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The establishment and operationalization of federal crimes have also enabled citizens to enjoy some rights within the jurisdictions that they are in, and the federal laws as contained in the 8th Amendment offers the procedures for setting up and the limitations of the rights as listed in the federal legislation.

The acceptance of the provision for the creation of the Federal Laws has made the Federal Governments more powerful than they were before, and through giving the federal government power, the excessive power that was in the hands of the Central Government is distributed, further ensuring that neither government is too good for their good. The 8th Amendment also offers the public an opportunity to get accountability from the government of the day, both Federal and Central, and this helps the citizens in being able to track down the progress being made by the government in the matters relating to the socio-economic and political spheres of the society.

Finally, the 8th Amendment was a step in the right direction in fighting the inhumane treatment that people awaiting trial, under investigation, or those that have been convicted were previously subjected to. The Amendment seeks explicitly to shun the use of unusual punishments, such as torture during interrogation or the denial of bail completely, or through the use of underhanded methods such as setting bail too high that the applicant is forced to stay in jail.

From the two excerpts about court proceedings, there are two critical issues brought to the attention to light. In the case of the jury selection, there seems to be pre-existing bias from the people who are supposed to be impartial in their assessment of the case. Holding opinions such as how grievous the accident was, or how guilty the accused person is before even listening to the facts relating to the case is considered bias against the accused person, and biases mean that the jury will be inclined to pass a guilty judgment on the case, not based on the facts presented but on the basis of the opinions that they hold about the case and the individuals involved.

The second instance presents a moral dilemma, whereby a woman is found selling illegal substances and upon further investigation it is established that she did that in order to provide for the needs of her four children as well as to ensure her safety from her husband who had forced her into selling the drugs while he was in prison for attempting to kill her.

This case presents a moral dilemma on the people involved with it, since the woman uses her reasons for selling the drugs as a justification for her criminal activities. Both examples have been used to present an example of how the court system has been affected by decisions that are left for the interpretation of human beings who can be prone to mistakes, as well as emotions clouding their judgment on a matter that requires a focused and sober mind.