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Does 8th amendment require punishment be shown to be both cruel and unusual
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Case Law Brief Gates v. Collier, 501 F.2d 1291 (1974) By: Eloy Hidalgo ADJU 203 Concepts of Criminal Law Class February 23, 2018 Dr. Bryan Silva, Professor Administration of Justice Department Center for Advanced Technologies (CAT) Modesto Junior College Issue Before the Court: Is cruel and unusual and punishment a violation of the Eighth Amendment of the constitution? Rule of law: No, under the Eighth Amendment of the United States Constitution, excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. Application of Facts (Analysis): After many years of protest at Parchman State Penitentiary Civil Rights Attorney, Roy Haber had been collecting evidence
The amendments to the Land Title Act 1994 introduced in s. 185(1A) and s. 11A requiring reasonable steps to be taken to ensure the person who executed the instrument as mortgagor is identical with the person who is, or who is about to become, the registered proprietor of the
There is no dispute that Mr.Nanokeesic showed an attempt to prevent the police from finding the weapon, when he ran from the police and discarded his backpack. The backpack was found by the police and searched, without a warrant.
In the United States, a citizen has rights granted to them under documents such as the Constitution, including the Bill of Rights, which gives citizens certain freedoms as long as they obey the law. When someone commits a crime, they are then entitled to aspects such as a speedy trial, a fair jury, an attorney if they wish, and other things, under the sixth amendment. Even if the person is found guilty, as a U.S. citizen they have rights under the eighth amendment which include protection against excessive bail or fines, and cruel and unusual punishment. Since the framers enacted the amendment, the exact definition of cruel and unusual punishment has been difficult to pin down, changing with the times and everyone’s interpretations. Pete Earley’s novel, The Hot House: Life Inside Leavenworth Prison, depicts the conditions in the United States’ toughest prison, where some prisoner recounts, as well as Earley’s
In the case of Sandin v. Conner, DeMont Conner, an inmate at a maximum security correctional facility in Hawaii, was subjected to a strip search in 1987. During the search he directed angry and foul language at the officer. Conner was charged with high misconduct and sentenced to 30 days of segregation by the adjustment committee. Conner was not allowed to present witnesses in his defense. Conner completed the 30-day segregation sentence, after which he requested a review of his case. Upon review, prison administration found no evidence to support the misconduct claim. The State District Court backed the decision, but the Ninth Circuit Court of Appeals found that Sandin had a liberty interest in remaining free from disciplinary segregation. This case is significant because it confronts the question of which constitutional rights individuals retain when they are incarcerated. In Sandin v. Conner, the Supreme Court ultimately ruled that prisoners have a right to due process only when “atypical and significant deprivation” has occurred. Prisons must now be vigilant in protecting the rights of inmates. It is a delicate matter in the sense that, when an individual enters prison, their rights to liberty are by and large being forfeited. The rights in question are important to prisoners because prisons are closed environments where by nature their freedoms are already very limited. They need a well-defined set of rights so that prisons do not unduly infringe on their liberty. Without court intervention, prison administrators would likely not have allowed this particular right, as it adds another layer of bureaucracy that can be seen as interfering with the efficiency of their job. Also, it could lead to a glut of prisoners claiming violations of their rights under the court ruling.
In colonial America, the court structure was quite different from that of their mother country, Great Britain. The system was a triangle of overlapping courts and common law. Common law was largely influenced by the moral code from the King James Version of the Bible, also known as moral law. In effect, these early American societies were theocratic and autocratic containing religious leaders, as well as magistrates. Sometimes these men were even one and the same. The criminal acts in colonial America were actually very similar to the crime prevalent in our society today. However, certain infractions were taken more seriously. Through the documents provided, we get a look at different crimes and their subsequent punishments in colonial
The eighth amendment of the United States Constitution prohibits cruel and unusual punishments. New Cutting edge technology carries with it the likelihood of new treatment for criminals. A fictional example of such technology is Ludovico treatment, which alters the consciousness of a criminal and makes them non-violent. The use of the Ludovico treatment on prisoners can be considered a cruel and unusual punishment and thus violate the eighth amendment. Even though this treatment may be technically unconstitutional, it would be allowed in the United States for the betterment of society.
“‘Look inside a high school, and you are looking in a mirror, under bright lights. How we treat our children, what they see and learn from us, tell us what is healthy and what is sick and more about who we are than we may want to know (Gibbs, 1999).’”(Beger 119). Essayist and managing editor of Time Magazine, Nancy Gibbs tells the public of how unappealing public schools have become due to their carelessness and negligence. Consequently, schools have become power crazed institutions that punish students in the place of a parent. Thus, schools that operate in this manner have begun to scare the public, and it has brought forth court cases because schools searched students unconstitutionally. The Supreme Court of the United State should revise
The first “element” states that “excessive bail shall not be required, not excessive fines imposed.” Bail is a temporary
Weems v. United States (1910) set a judicial precedent for showing that punishment must be proportionate to the crime committed and allowed courts to decide what is “cruel and unusual”. Lower courts allowed the VIS and that use sometimes came under question. Thus the case was sent to the U.S. Supreme Court to review. In Booth v. Maryland (1987) and Gathers v. South Carolina (1989) the U.S. Supreme Court ruled that VIS could potentially lead to harsher sentences and yet upon further review reconsider their stance on VIS and overturn their decisions and concluded that the Eight Amendment was not violated by victim Impact statements on the ground that such statements did not lead to cruel and unusual punish...
Also the prime suspect had other charges pending against him such as possession of illegal substances and the homeowner of the vacant crime scene said the man was a recovering addict. During the conversation with the officers Johnson refused to give up his DNA sample. The man profess he had not commit any murders and did not commit any crimes regarding the matter. Officers then compel him to give his DNA sample with a warrant compelling him to follow the order. Moreover, after the crime was committed it was discovered that Johnson try to sell one of the victims’ cell phone. He was trying to get rid of the evidence that could implement him on the crime. Witness came forward to verify this story that Johnson indeed try to sell the cell phone for cash. In addition, witness said that Johnson try to be the pimp of the victims that he was
The “cruel and unusual” clause in the eighth amendment states that “cruel and unusual punishment” such as torture or lingering death can not be inflicted on anyone as a form of execution. It is however permissible under the 8th Amendment to execute a convict by means of hanging, shooting, electrocution, and lethal gas.
... rape or treason was committed ("8th Amendment to the Constitution – U.S. Amendment VIII Summary"). However, there are some cases where the death penalty is unacceptable regardless of the crime. In the Supreme Court case of Roper v Simmons the court decided that the execution of someone for a crime they committed when they were a minor violated the eighth amendment . The court case of Atkins v Virginia established that the death penalty is not an acceptable punishment for mentally ill felons (Lemieux, "The Supreme Court's Empty Eighth Amendment Promise"). The Supreme Court has also ruled that executing anyone under the age of 18 is an act of cruel and unusual punishment ("8th Amendment to the Constitution – U.S. Amendment VIII Summary"). The death penalty is the worst punishment a person could get, and because of that there are many restrictions on when to use it.
The Eighth Amendment to the Constitution of the United States asserts,” Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted,” (source Cornell). This amendment is being violated in the military today. These victims are being punished for being victims. Many victims are forced to leave the military after their attacks and do not receive proper medical attention. Victims are being cruelly treated for crimes committed against them.
Yes this is cruel punishment but again it is also just as cruel to commit murder with out legal and just cause.
When police arrest somebody, they should follow certain techniques before putting the suspect in prison. For example, police must read the prisoner the five rights, known as the Miranda Rights. The arrested persons must have their rights disclosed to them before they are additionally dealt with or taken away. In cases of arrests, the individuals may not able to understand these rights because of the way that they are treated that can be under unusual circumstances physically and rationally. Additionally, after the arrest, the police may search the suspect for a weapon or different substances; this could make somebody feel anxious fearful and dehumanized. In Stanford prison experiment, the arrests were dehumanizing for the prisoners; after the suspects arrived to the prison, the prisoners were stripped, sprayed down, and their clothes were taken away. The way they were treated was humiliating and deprived them of their rights like wearing dresses and ankle shackles that made them feel they are not free. It was cruel punishment.