As I have suggested elsewhere, clarifying and expanding the eighth amendment could help. It should specifically state that excessive terms of incarceration are prohibited, just as it bans excessive fines. it should expressly prohibit mandatory sentences so that every case gets the benefit of individualized attention by a judge. and it should insist that legislatures create a record showing that they considered empirical evidence about the laws impact.
When we read as to how the eighth amendment came to life we need to go back in time. the first time this amendment was first ratified was in 1791, was it to be created for everyone to have a fair and just treatment. as per the definition in the eight amendment it states the following:
Courts - given wide latitude & excessive fine clause it symbolizes they can impose the fine amounts from just a small amount all the way to the highest amount.
Weight of evidence - they can accept all or only certain specific evidence in order to have the defendant convicted or set free. we can debate and debate and what would be the solution. Many time the Judiciary system does not favor innocent. how many times have we heard as to many convicted felons set free because evidence that was to have been introduced that could have set the defendant free have lost years of freedom. we have seen the laws are more in favor the powers that be (wealthy), yet unlike today we are seeing how things have shifted from the powerful are being treated just like the common people.
Excessive Force- To inflict pain and suffering in the sense of mental, intimidation and coercion, rights not read, attorney not present. there are many excessive force tactics used throughout the system. and until the system is balanced this is just a waiting game where many are to this day suffering due to injustice within a system they believed was balanced and truthful.
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