Comparing Old New Terrorism Free Essays

Introduction 1.1 Background In the countdown to the end of the twentieth century, notable scholars came up with a new concept of ‘New Terrorism’ which represents a shift from the traditional terrorism. The ‘new terrorism’ ‘refers to a qualitative change in the nature of terrorism, which has allegedly taken place during the 1990s’ (Kurtulus 2007:476). We will write a custom essay sample on Comparing Old New Terrorism or any similar topic only for you Order Now This paradigm has also been variously referred to as ‘contemporary terrorism’ (Laqueur 2003) ‘post-modern terrorism’, ‘super-terrorism’, ‘catastrophic terrorism’ and ‘hyper-terrorism’ (Field 2009). This dissertation intends to undertake the examination of this paradigm shift. It intends to examine the various sources if there is indeed a ‘New Terrorism’ as canvassed by some scholars and policy makers. It would do this by doing a case study of Irish Republican Army, or the IRA and Al Qaeda representing each group. 1.2 Aims and Objectives In this section, the research aims, objectives, and research questions will be outlined. Firstly, the aim of this research is as follows: To ensure that this aim is fully explored, the following research objectives have been devised: How are the emerging forms of terrorism different from the traditional methods How should the existing counterterrorism infrastructure be amended in order to meet the challenges of the modern age 1.3 Research Questions The research question is as follows: What are the new forms of terrorism and what factors created them What are the key factors that have contributed to the success of these new terrorist practices Is the current counterterrorist system capable of dealing with the emerging terrorist threat To seek to explore this aim, research question and these objectives, a review of the literature will be undertaken to explore these areas have experienced change over time. The findings from this review will be used to explore and examine the research aim, objectives and question. To ensure that this is appropriately undertaken the following topics will be discussed in the review: 1.4 Scope of the Study A study of the Irish Republican Army will be undertaken in comparison to the modern operations of the recognized terrorist agency Al Qaeda. 1.5 Structure of the Study This study will be comprised of 6 sections including the introduction, literature review, and methodology, case study analysis, Discussion, Conclusion. 2 Literature Review The section will review relevant literature as regards the proposed research. 2.1 Defining Terrorism and emerging forms of Terrorism 2.2 Factors that contributed to Terrorism’s Success 2.3 Current prevention and enforcement options 2.4Trends 3. Methodology This chapter illustrates the research methodology used as well as providing a brief introductory passage regarding the meaning of research methodology. 3.1 Introduction The methodology focuses on an explanation of the qualitative and quantitative research approaches considered for this thesis to answer the following questions: How are the emerging forms of terrorism different from the traditional methods How should the existing counterterrorism infrastructure be amended in order to meet the challenges of the modern age This includes the elements of the research approach adopted and the reasons behind this choice. 3.2 Methods of Data Collection Secondary sources dating from the operation of the Irish Republican Army as well as year to date operations of Al Qaeda will provide the required range of data for assessment. 3.2.1 Case Study Analysis Yin (2009) contends that the case study analysis strategy is a valid tool for providing empirical content. This method of research allows for an investigation into the real world impact of terrorism. Others contend that the case study is not always the best strategic analysis approach (Baxter and Jack 2008). However, Stake (1995) demonstrates that a case study can provide understanding and increase the capacity for understanding. The approach for this dissertation will utilize a qualitative, interpretative research method; a case study examination of the Irish Republican Army and Al Qaeda. Yin (2009) demonstrates that the exploratory case study method can be used to examine situations in which there is no defined outcome. This research will rest on the goal to identify challenges and lessons for future. For the purposes of this research, the qualitative research approach is more suitable due to capacity to assess the wide ranging nature the terrorist conditions. Case Study This section will present a case study examination of the Irish Republican Army in comparison to the operations of Al Qaeda. 4.1 Irish Republican Army formation factors Ryanair and (another airline of your choice) 4.2 Effectiveness of the IRA methods 4.3 Al Qaeda formation factors 4.4 Effectiveness of the IRA methods 4.5 Trends 4.8 Discussion (Tie the case study to the literature review) 5. Conclusion 7. References Baxter, P. and Jack, S. 2008. Qualitative case study methodology: Study design and implementation for novice researchers. The Qualitative Report, 13 (4), pp. 544–559. Field, A. 2009. The ‘New Terrorism’: Revolution or Evolution?. Political Studies Review, 7 (2), pp. 195–207. Kurtulus, E. 2011. The â€Å"new terrorism† and its critics. Studies in Conflict Terrorism, 34 (6), pp. 476–500. Laqueur, W. 2003. No end to war. New York: Continuum. Stake, R. 1995. The art of case study research. Sage Publications, Inc. Yin, R. 2009. Case study research. 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Homosexuals In Military Essay Example For Students

Homosexuals In Military Essay Homosexuals have been excluded from our society since our countrys beginning,giving them no equal protection underneath the large branch of the law. TheEmancipation Proclamation gave freedom to blacks from slavery in the 1800s andwomen were given the freedoms reserved for males in the early 1900s with thewomens suffrage movement. But everyone still knows the underlying feeling ofnation in dealing with minorities and women, one of contempt and disgust. Hatecrimes are still perpetrated to this day in this country, and most areunpublicized and swept underneath the rug. The general public isjust now dealing with the struggle of Homosexuals to gain rights in America,although this persecution is subtle, quiet and rarely ever seen to the naked eyeor the general public. The big question today in Homosexuals rights strugglesare dealing with the right to be a part of our countrys Military Forces. At theforefront of the struggle to gain access to the military has been Females whohave tried to g ain access to All Men facilities and have beenpressured out by other cadets. This small group of women have fought hard, andpressured the Government to change regulations dealing with the inclusion of allpeople, whether female or male, and giving them all the same opportunities theydeserve. The Homosexual struggle with our Nations Armed Forces has beenacquiring damage and swift blows for over 60 years now, and now they too arebeginning to fight back. With the public knowledge of initiationrights into many elite groups of the military, the general public isbeginning to realize how exclusive the military can be. One cadet said afterhell week in the Marines, It was almost like joining afraternity, but the punishments were 1000 times worse than ever imagined, andthe Administration did not pretend to turn there back, they were instrumental inthe brutality. The intense pressure of hell week in theMarines drove a few to wounding themselves, go AWOL, and a few even took thereown life. Peopl e who are not meant to be in the Military are usuallyweeded out during these initiations and forced either to persevereor be discharged dishonorably. The military in the United States has become anelite society, a society where only few survive. In a survey taken in 1990, theUnited States population on a whole is believed to consist of 13-15%Homosexuals. This figure is believed to have a margin of error on the upwardswing due to the fact that most homosexuals are still afraid oftheir sexuality and the social taboos it carries along with it. With so manyHomosexuals in the United States, how can the military prove its exclusionpolicy against Homosexuals correct and moral? Through the long standingtradition and policy, says one Admiral of the U.S. Navy. But is it fair orcorrect? That is the question posed on Capitol Hill even today, as politiciansbattle through a virtual minefield of tradition and equal rights. Historically,support for ones military was a way to show ones patriotism, i f not apre-requisite for being patriotic at all. Society has given the military a greatdeal of latitude in running its own affairs, principally due to societysacknowledgment that the military needs such space in order to run effectively. The military, in turn, has adopted policies which, for the most part, have leadto very successful military ventures, which served to continually renewsocietys faith in the military. Recently, however, that support has beenfading. The Vietnam War represented both a cause of diminishing support for themilitary by society as well a problem. The Vietnam War occurred during a periodof large-scale civil disobedience, as well as a time where peace was morepopular than war. Since the effectiveness of the military depends a great dealupon societys support, when societys support dropped out of the war effort,the war effort in turn suffered. The ultimate defeat of the United States in theVietnam War effort only lead to less faith in the militarys ability. This setthe stage for society becoming more involved in how the military was run. Theban on homosexuals serving in the military, was originally instituted in 1942. Roman Law EssayWomen are not permitted in combat units -an exclusion that for homosexuals wouldbe hard to implement, at best. They also have separate barracks and facilities,which would be equally as unpractical to homosexuals. If the admission ofhomosexuals into the military causes adverse effects on the morale of thesoldiers, then the debate should be re-opened there. The militarys function isto protect democracy. The sacrifices associated with military service may bevery great-up to giving up ones life. Excluding homosexuals from militaryservice seems petty, everyone should be allowed to defend their country. Moreover, the politicizing of such issues undermines the militarys faith in thecivilian leadership that guides it. The military is quickly loosing itsprestige, its traditional conservative values, and that is a good thing for mostAmericans. Reinstating the ban would be a gesture of utter and sheerdigustedness in our military. Having homosexuals in the military is a matter ofmilitary effectiveness-not of the homosexuals ability to perform militaryduties, but of the morale of the military as a whole. And, in the military, itis always the good of the whole which must be considered before the good of theindividual. The ending of the Cold War and the re-definition of the militarysmission does not mean that we should make the military less effective. If apolicy in regards to the military does not improve its effectiveness, then itshould not be implemented. But when the implementation means giving a chance tofew who would like to serve out great nation, than it should be consideredlegal.

Nietzsche And Hobbes Essays - Friedrich Nietzsche, Anti-Christianity

Nietzsche And Hobbes How are the philosophies of Nietzsche and Hobbes different on topics of Christianity, Human Nature, and Morality. The philosophies of Nietzsche and Hobbes' are radically different, Hobbes' philosophy is dominated by loyalty to the crown, riddled with references to the Christian scriptures, and a belief that life is "nasty, brutish, and short"(Leviathan, 133); while Nietzsche's philosophy was dominated by the pessimistic Schopenhauer, a belief that the human race was a herd, and that "God is dead"(Thus Spoke Zarathustra, S. 13). Hobbes and Nietzsche look at the world completely differently. Hobbes was a Christian who defended the bible, while Nietzsche called "Christianity the one great curse"(The Anti-Christ, s. 62). On the topic of human nature Hobbes thought life to be a "warre...of every man, against every man"(Leviathan, 232) while Nietzsche took a nihilistic approach and declared that " human nature is just a euphemism for inertia, cultural conditioning, and what we are before we make something of ourselves..."(Human, all to Human, 67). On morality these two philosophers have opposing views, Hobbes views on morality were straight out of Exodus, while Nietzsche holds that"morality is a hindrance to the development of new and better customs: it makes stupid [people]"(Daybreak, s. 19). These two philosophers lived at different times, in different locations, and their differing philosophies reflect the lives that they lived. Thomas Hobbes was born into an English upper class family in 1588, his father was the parish priest. Thomas was educated by his uncle until he was fifteen, when he was sent to Oxford to continue his studies. In 1608 he finished his formal education and took up with the son of Lord Cavendish, they undertook an adventure which saw them travel across Europe. Hobbes remained in England until the start of the English civil war when he fled to France. The civil war took place from 1642 till 1649, this conflict had a profound affect on Hobbes, particularly the execution of Charles I in 1649. All his writings after this event reflect Hobbes' quest to find a peaceful, stable form of government. Hobbes died in 1679. Fredrich Nietzsche was born into a upper class family in Germany, on 15 October 1844, his father was tutor for the royal family and also a priest. Nietzsche father died when he was twelve, this had life-long impact on him. At age eight-teen he discovered the philosopher Schopenhauer, the basis for much of his early work, and gave up Christianity. He was educated at the University of Bonn, at the age of twenty-five Nietzsche was appointed Professor of Philosophy at the University of Basle. He became close friends with composer Richard Wanger, who's work he enthusiastically supported. Nietzsche most productive years were to be his last, he drove insane by syphilis and died at the dawn of this century. Nietzsche declared in that"modern Christian civilization is sick and must be overcome"(The Anti-Christ, 156), Hobbes would have found that excerpt to be repugnant having declared that "God...when he speaks to any subject...he ought to be obeyed" (Leviathan, 492). Hobbes was a Christian, while Nietzsche was a atheist, their views on Christianity are completely opposite. Nietzsche held the belief throughout his life that "Christianity has taken the side of everything weak, base, ill-constituted, it has made an ideal out of opposition to the preservative instincts of a strong life; it has depraved the reason even of the intellectually strongest natures by teaching men to feel the supreme values of intellectuality as sinful, as misleading, as temptations,"(The Anti-Christ, S. 5) Professor Howard Rainer of Davis University states that "Nietzsche was uncompromisingly anti-Christian, for Christianity was the most potent force against those values which he prized most highly." Nietzsche felt that Christianity would hinder the emergence of the "overman"(The Will to Power, 546), a human being that follows their own path and not the herd's. Hobbes while being a Christian to the end, had a rather pessimistic view of it; Professor Ian Johnston of Malaspina University states that " Hobbes believed the public religion of the artificial state must serve the need for security to protect the selfish economic interests of the individuals composing it." Hobbes view of Christianity was quite radical for his time and he publicly scorned for his belief that Christendom was nothing more economic security blanket; Hobbes attacked the elements in the Christian church which profited from religion. The times in which Hobbes and Nietzsche lived in were very different, in Hobbes times "Deadly religious wars were fought across the European continent. It was in this climate the Thomas Hobbes proposed...[his] philosophy."(Howard Rainer, Lecture

Sociology Vs Psychology (research paper) essays

Sociology Vs Psychology (research paper) essays Looking at social issues and social processes in other societies help us see our own society more clearly. Furthermore, events, trends, and personalities within society are shaped by global forces which may be beyond our control but not beyond our understanding. That's why there are sociology and psychology. Although, they are both social sciences, they use different methodology. Sociology is the scientific study of human social behavior. As the study of humans in their collective aspect, sociology is concerned with all groups activitieseconomic, social, political, and religious. It is a science which seeks to provide sophisticated explanation to peoples behavior. Sociology is a social science because its subjects are human beings, people's social behavior. It investigates the structure of groups, organizations, and society interaction within these contexts. Sociology also offers research that can be applied to any aspect of social life: street crime, delinquency, welfare or education reform, how families differ and flourish, or problem of peace and war. Sociology begins with the observation that human are intensely social creatures. Virtually everything people do, they do with others. They are constantly building and rebuilding groups. From families and lunchroom cliques, to multinatio nal corporations and international alliances. The structure of society both creates and limits opportunities, but the main lesson and message of sociology is that the structure of society affects people's attitudes and behavior, often in ways they don't consciously perceive. Psychology is the science of behavior and mental processes, and it has grown out of many, often conflicting traditions. Seven perspectives dominate modern psychology: the biological, evolutionary, cognitive, behavioral, psychodynamic, humanistic, and sociocultural views. ...

Obesity Epidemic in America Research Paper Example | Topics and Well Written Essays - 1500 words

Obesity Epidemic in America - Research Paper Example The causative factors of obesity are, lifestyles, eating habits, genes, workplace conditions, hormonal metabolic factors and recreational practices. Consequences of obesity include ailments, mental and emotional disorders, negative psychological outcomes, and hinders individuals’ performance. Obesity prevalence varies significantly across ethnic and racial disparities as well as socioeconomic status in the American population. In conclusion, obesity can be alleviated using pharmacological intervention, energy variation, public education, behavioral therapy, community-based initiatives and political-oriented solution. Introduction Obesity, weight gained or overweight has remained a contingent issue for a considerable time in health care, among scholars, the US Government as well as the community at large. Obesity is one of the most prevalent health care issues, which is causing worries in the United States. Obesity rates have relatively amplified over the years with its effects experienced in various population groups, and states. To offset the ever-increasing rates of obesity, it is important to evaluate the causes and effects of obesity in the American population. In view of this, obesity is associated with a number of negative physical and psychological consequences. It is attributable to several diseases such as diabetes, heart disease, depression, psychological disorders including withdrawal syndrome, and overall personal degradation. On the other hand, obesity is caused by a range of factors, which include eating habit, sedentary work, genetics, inert recreation and individuals lifestyle just to mention but a few. In this paper, obesity is analyzed at length with respect to its prevalence, causes, consequences, and ways of solving the epidemic. Prevalence Several researches conducted on the prevalence of obesity in America indicate that the rates at which individuals are becoming overweight are ever increasing. In the period between 1986 and 2000, s evere obesity prevalence shifted to the proportion of 1 in 50 Americans from former status of 1 in 200. Besides, extreme obesity has greatly increased at an approximate rate of twenty percent in adults. Decades ago, obesity was a significant health issue among adults, but the situation has changed with time to include adolescents and children. Recent researches reveal that fifteen to twenty five percent of adolescents and children in America are obese with about nine million children aged above six years being obese. According to CDC’s data and statistics on obesity in America, obesity has dramatically increased over the past twenty years and rates remain high. In 2010, state based obesity prevalence ranged from twenty-one percent to thirty four percent in Colorado and Mississippi respectively. All states had obesity prevalence above twenty percent. Thirty six states had twenty five percent or more prevalence with states such Arkansas, Missouri, Louisiana Michigan, Kentucky, and Oklahoma having thirty percent or more prevalence. Regional prevalence was a follows; South 29.4 %, Northeast 24.9 %, Midwest 28.7 % and West 24.1 % (CDC, 2012). The findings of the analysis conducted, in 2009-2010 in the US indicate that, approximately forty-one million women and over thirty-seven million men aged twenty years and above were obese. Amidst children and adolescents aged two-nineteen years, about seven million boys and

EssayOn the short story, Woman Hollering Creek, by Sandra Cisneros pp Essay

EssayOn the short story, Woman Hollering Creek, by Sandra Cisneros pp 43-56 - Essay Example Despite some act of defiance from most women, there are still a lot of cultures who practice the tradition of arranged marriage. As a trade-off, women sacrifice their personal feelings and emotions for the sake of pleasing their family and following what tradition dictates. Love is deeply compromised in an effort to bridge the gap between an aging custom and family pride and dignity. Cleà ³filas is no exception to this rule when she agreed to marry Juan Pedro, a man whom she hardly knew but nonetheless has a decent disposition. Just like most Latin, Asian, and European women, Cleà ³filas is also agog with telenovelas and soap operas as it acts as an outlet over one’s frustrations in real life. This imaginative imagery also serves as their emotional outlet and standard for the meaning of true love. Betrayal, acts of deceit, and broken heartedness are only a few of the events that are being taught in these telenovelas towards the conquest of true and eternal love. This had made Cleà ³filas believe and accept that love is not always perfect, and that to suffer for love is good; that a woman must sacrifice her freedom, endure physical abuse, and emotional battery – all in the name of love. Such connection, between true love and telenovelas, may sound absurd, but this is the reality for most women. Mexican women for one can attest to this, hence the powerful presence of soap operas that has continued to dominate television screens since time immemorial. All the pain, grief, shame, rage, and joy being portrayed in these â€Å"soaps† have made Cleà ³filas realize that â€Å"to suffer for love is good. The pain all sweet somehow. In the end†¦Ã¢â‚¬  (45). Before, she had always thought of fighting back if and when a man would strike her. But when this moment came, â€Å"he slapped her once, and then again, and again†¦but she didn’t fight back†¦as she imagined she might when she saw such things in the telenovelas† (47). The inability to

Analysis of the 8th Amendment

Analysis of the 8th Amendment 8th Amendment Introduction The 8th Amendment (Amendment VIII) to the United States Constitution can be legally defined as the section of the United Sates Bill of Rights that which forbids the federal government from imposing excessive fines, neither inflicting cruel and unusual punishments nor imposing excessive bail. The 8th amendment was approved to be part of the United States Constitution in the year 1791.This amendment was almost similar to a stipulation made in the English Bill of Rights of 1689 where the government made a declaration to the point that they had to operate as their ancestors had by not demanding for excessive bail neither imposing excessive fines nor inflicting cruel or unusual punishments. In the case of England the provision was mainly driven by the punishment involving Titus Oates. During the reign of King James II in the 1680s Titus Oates worked as a fixture in the London pillory circuit. Oates was involved many ordinary penalties that had been collectively imposed forced on him in a manner that was both excessive and unparalleled. Oates had lied under oath which led to many innocent people being placed under the death sentence. Parliament approved the declaration against â€Å"cruel and unusual punishments â€Å"for England in the year 1689. The declaration was explained by the parliament that it was supposed to prevent punishments such as the one inflicted on Titus Oates by the Kings Bench. In December 1689 the then parliament endorsed the provision to be passed into law. The first state to adopt a stand similar to that of England on the issues was the state of Virginia. In the year 1776 the Virginia declaration of rights incorporated the English bill of rights and then went on a step further to recommend in the year 1788 that the above provision be included in the united states constitution as at the Virginia convention that meant to approve the U.S constitution. It was some Virginia states men such as Patrick Henry and George Mason that first endorsed that congress be limited by use of the restriction as in the English bill of rights. This was based on the fears that if that did not happen the congress could inflict some punishments that were both unusual and severe on criminals. The two Virginians also stressed the need for the Congress to do away with the line in the English bill of rights that seemed to admit of tortures and barbarous punishment inflicted on its people in the past. And also recommended congress to start the enactment of civil law in favor of the more practiced common law. In the end Mason and Henry were successful in their quest and then the 8th amendment was adopted by the United States. In the year 1789 James Madison changed the words ought in the English bill of rights to† shall then proposed it to the congress for amendment. Cruel and unusual punishments The eighth amendment according to the Supreme Court prohibited entirely the infliction of some punishments and at the same time forbid some other punishments which when compared to the crime for which they were given for were seen to be excessive or those which were seen to be excessive when the competence of the perpetrator was put into light. This was seen as necessary because in the earlier years some of the judgments handed down to the people were in excess considering the fact that the perpetrators were either incompetent to commit such crimes or the crimes committed were minor. In the year 1962 the supreme courts ruled that the cruel and unusual punishments act applied to all the states of the United States through the fourteenth amendment. This followed the case involving Robinson vs. California, 370 U.S. 660 in the year 1960. Before the Robinson case the eighth amendment had only earlier been applied in cases against the federal government. In the case involving Furman vs. Ge orgia, 408 U.S. 238 of the year 1962 the four principles that would determine whether a punishment passed onto a perpetrator was â€Å"cruel and unusual† were written by Justice Brennan. These included statements that for the punishment handed down judging by how severe it is degrade human dignity under conditions as in the case of torture, it also that any unusual and cruel punishment was one which was totally and clearly rejected by the whole society, one which was seen to be inflicted in a manner that was seen to be wholly arbitrary or one that was patently unnecessary. Brennan went on to write that it was an expectation that no American state would pass a law that would seem to undermine any of the four principals, such that all decisions made in court involving the eighth amendment would consider all the these principles. The punishments for which according to the eighth amend were forbidden regardless of the crime committed would include any form of disemboweling, public dissecting, drawing and quartering or burning alive. This in relation to the four Brennan principles where punishments that were totally rejected throughout the society. In the cases of Atkins vs. Virginia 536 U.S. 304 of 2002 the supreme court declared executing mentally handicapped people fell in the forbidden punishments and also in the case of Roper vs. Simmons 543 U.S. 551 of 2005 where the court ruled that executing people under18 years was a violation of the eighth amendment regardless of the crime committed by the perpetrator. Punishments that were forbidden for certain crimes included cases in which the court had to overturn punishments such as the cadena temporal which mandated that â€Å"hard and painful labor† shackling are done away with while in the process of incarceration or when faced with civil disabilities that were permanent. The case mentioned above took place in 1910 and was often seen as a means of establishing some proportionality when applying the eighth amendment. In some other cases it was ruled that punishing a natural-born American citizen for any crime by taking away his citizenship was perceived to be unconstitutional and primitive as it involved completely damaging the persons status in the society. In a case involving Coker vs. Virginia 433 U.S. 584 of 1977 the court at the time clearly stated that the imposition of a death penalty or rape was totally unconstitutional and that applied to any other case where death did not occur. It went ahead to clarify that rape crimes by d efinition do not include either death or even any serious body harm to the other person. Excessive fines For many years the United States Supreme Court never had much to say when the subject of excessive fines was mentioned. In one early case the Supreme Court had no power to revise any judgments passed by a lower court as regards the subject of heavy fines being imposed on someone. In later years the need to need to review the amount of fines levied on a person because it always led to the imprisonment just because the person was unable to raise the amount imposed on him/her by the court. In a step meant to ensure equal citizen protection the court found a way to put to meaning the words â€Å"excessive fines† when compared to the person for whom the judgment is meant to affect. But the court also ruled out applying the above clause could not be applied to cases involving private cases where the government had not been involved in the prosecution nor was it to receive any share of any of the awarded damages. This decision was based on the intention for which the excessive fines clause was meant for. The court clearly stated that at the time when the eighth amendment was adopted into the united states constitution the word ‘fine was taken to refer to any payment that would have to be made to sovereign entity for an offence committed. THE court left open the decision as to whether the clause could be applied to qui tam actions or cases involving civil penalties but at the same time it concluded that the excessive fines clause was initially intended to affect the fines that were only imposed by one payable to the government. In cases involving any civil forfeiture the excessive fines clause could be applied. The meaning of the clause as it regards to the quantum punishment of any particular offences when it is independent of the ability of the offender to pay the fine imposed on him still awaits the result of legal proceedings. Excessive bail In England it was the duty of the sheriffs to decide whether or not a person deserved to be granted bail. Due to the continual abuse of power by the sheriffs the government back then released a statute that clearly categorized the bailable and the non-bailable offences. But these statutes could be subverted according to the decision of the Kings judges. According to the law then a person could be held without bail depending on the commands of the sovereign authority. It was often argued that the King did not have the authority to make such decisions and this led to the infringement of human rights when people were intentionally kept in prison despite having committed bailable offences. This and many more ambiguities were eventually put to an end by the Habeas Corpus Act of 1679. After the Habeas Act was passed judges were faced with the decision to set the bail amounts but they often posed some amounts that were impracticable. It was until the year 1689 that the English bill of right s forbids the demand of excessive rights but a further amendment to distinguish between bailable and non bailable offences was needed. Bail is said to be excessive and in violation of the Eighth amendment if the value to which it is set is higher when compared to the reasonably calculated value that is aimed at ensuring the governments asserted interest. The aim of setting bail is said to be as a guarantee that the person who is accused is going to present himself for trial and accept the sentence that is handed down to him and no more. In order for a person to be able to challenge the amount of bail imposed on him he must move for a reduction. If the reduction is denied then the court of appeals followed by the Supreme Court can overrule the decision. The eight amendment could not be applied to post convicted release cases that await appeal but it is normal practice to grant leases in such cases. Bail is seen to uphold the presumption of innocence before a person is tried acquired only after centuries of struggle. The excessive bail clause adopted by the United States constitution from the English bill of rights had slight changes made on it. In the England act there was no provision that stated that one had the right to bail at all times but only provided that the bail amount imposed on a person was not to be excessive in the cases that bail could be granted. The governments argued that the amount of bail imposed was not to be excess when compared to the weight of the crime committed by the person. Conclusion The eighth amendment to the United States Constitution was a good step in defining various issues that surrounded judgments passed onto persons since time in memorial. It is aimed at eliminating the infringement of the basic human rights as it regulated the amount of punishment that one could be given based on the offence. In the years before the amendment could be done peoples rights were sometimes stepped on as some of the judgments passed amounted to torture on the person. This is in a way seems to bring fairness in the judicial System of the United States. This amendment protected people from situations where the amount of bails, fines imposed on the person could not match the perception of the crime committed. The American constitution is supposed to ensure a stable and responsible government. It is generally supposed to protect the rights of the American citizens even against infringement by the government itself. this is exactly what the eighth amendment went on to do, making every citizen equal before the law and making sure every citizen gets a fair judgment based on the crime committed, whether it regards the bail set or the amount of fine one is asked to produce. References Bamonte, T. J. (1981) Journal of Law and Criminology: Eighth Amendment- A significant limit on federal court activism in ameliorating state. USA: Northwestern University School of Law. Eighth Amendment. (2009, June). Eighth Amendment. Retrieved October 6, 2009, from http://www.lectlaw.com/def/e082.htm Find Law. (2009, June). U.S Constitution Eighth Amendment. Retrieved October 6, 2009, from http://caselaw.lp.findlaw.com/data/constitution/amendment08/ Haney, C. (1997). Psychology and the limits to prison pain: Confronting the coming crisis in Eighth Amendment. New York: American Psychological Association. Harr, J. S. (2008). Constitutional Law and the Criminal Justice System. USA: American Press Association Introduction the Eighth Amendment (2009, July). AN OVERVIEW OF CONSTITUTIONAL PRINCILES RELEVANT TO CAPITAL CASES. Retrieved October5, 2009, http://www.capdefnet.org/hat/contents/intro_to_8th/3_intro_to_8th.htm Welzmuller, M. (2000). The death penalty – legal cruelty. USA: