The New York Times article by Rachel Barkow

 

"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 law's likely impact." 

What I understand from what Barkow is saying is that there needs to be more to the eight amendment and it needs to be clearer as doing so would help the current prison situation. The fact that it bans excessive fine so should it do away with excessive terms of incarceration. She's saying that every case is different and should be treated as such instead of automatically giving a certain number of years. The eight amendment as is, fuels the profits of the prison business, where corporations are making money at the expense of peoples freedom especially the minority.


I choose this article because being a black woman, it hits close to home as our black men are not only unjustly loosing their freedom in our society today but also their lives and are constantly victims of racial profiling and other forms of discriminations even now in 2016. I'm not saying that they should get caught up in the world of illegal drugs because to me that is a bait that is put in place, and they need to recognize and stay clear. If the eight amendment is changed like what Barkow is arguing then at least the punishment would be more suitable accordingly and not in general. In order to have a great nation, you need great citizens. Being in prison longer than one should not only affects the individual but also their family, where as their love ones are deprived from their contribution in aiding with the stability of raising and sustaining a family. A stable family is better equipped to contribute to society, thus creating a better nation.