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Death penalty as a cruel and unusual punishment
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In 1972 the director of the Texas Department of Corrections was served with a civil action against him. By 1974, the director had several civil actions against him, and all these civil actions were turned into a class action known as Ruiz v. Estelle. David Ruiz was the prison inmate who bought a civil action against W.J Estelle, who was the Director of the Texas Department of Corrections at the time. Ruiz civil action was a total of fifteen pages long (Prison Reform). Ruiz complained that he was confined to unconstitutional living area, that he was harassed by correctional officers, and that is was giving little to no medical attention (Prison Reform). After Ruiz civil action was brought up, seven other inmates brought up similar civil actions against W.J Estelle. District Judge William …show more content…
In the eighth amendment of the US constitution, it states that we should not treat people with cruelty. Inmates should be treat with respect from everyone in the facility, because they will not treat the correctional officer, and other inmates with respect if they do not get treated with respect. I believe that any prison should treat there inmates with respect whether they like it or not, because they inmate will treat the officers the way the officers treat them. Just because an inmates has committed a serious crime does not all the rest of us to beat them to death or treat them with cruelty. What does that make us as human beings? It makes us just a cruel as them, I believe, so why not show respect those inmates since, they obviously did not have that respect for the victim of the crime they committed. A cruel or unusual punishment could be considered, beating someone to death, torching someone cure forms of pain. A cruel or unusual punishment usually leading to death would constitute as
In 1980, Julio Gonzalez immigrated to New York and met Lydia Feliciano, who would become his girlfriend. 10 years later, Gonzalez lost his job, was dumped by Feliciano, and got drunk. He visited his ex-girlfriend when she was working as a coat-check at an illegal bar in the Bronx called Happy Land Social Club. After Gonzalez was thrown out by the bouncer, he bought gasoline at a nearby gas station and set fire to the stairs, which was the only exit. 87 people were killed. Gonzalez was visited in his apartment by police officers, he confessed to his crimes, and was taken to the police station where he was promptly arrested. The defense attorney claimed that the defendant was unlawfully arrested so his statements were invalid and that even if
Why was the case brought? Give a detailed summary of the factors that led to the case (250 words).
Ernesto Miranda was born March 19, 1941 and died January 31st, 1976. He committed his first serious crime in eighth grade, and was convicted of felony burglary. He was sentenced to one year in reform school, in his case, Arizona State Industrial School for Boys. After being released from a separate sentence from the reform school, Miranda moved to Los Angeles. While in L.A. Ernesto was arrested for lack of supervision, violating curfew and being a “peeping tom”. He was in custody for forty-five days in the county detention home. Miranda enlisted in the United States Army at the age of approximately 19 on September 03, 1946. Ernesto was a private in the Philippine Scouts branch of the Philippine Scouts during World War II.
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 1975, the United State Supreme Court held that state law could provide students a property interest in their education, but forty years later and courts remain uncertain of when such an interest exists. In Goss v. Lopez, the United States Supreme Court extended due process protections to a group of high school students in Ohio. The Court determined that Ohio state law provided the high school students a property interest in their continued enrollment at the school, and that such an interest was protected under the due process clause. The Goss decision came during a time when a due process revolution was happening in the United States. During this revolution, the Supreme Court recognized many new property interests in government benefits as the basis
sentenced to spend the rest of his life in prison. The case against him was largely
...son, Chief Justice Wallace B. The State of the Judiciary in Texas. Austin, 20 February 2007.
was said to have illegally taken the law into his own hands. He was charged with murder
We live in a society today filled with crime and fear. We are told not to go out after a certain hour, always move in groups, and even at times advised to carry a weapon on ourselves. There is only one thing that gives us piece of mind in this new and frightening world we live in: the American penal system. We are taught when growing up to believe that all of the bad people in the world are locked up, far out of sight and that we are out of reach of their dangerous grasp. Furthermore, the murderers and rapists we watch on television, we believe once are caught are to be forgotten and never worried about again. We wish on them the most horrible fates and to rot in the caged institution they are forced to call their new home. But, where do we draw the line of cruelty to those who are some of the cruelest people in our country? And what happens when one of this most strict and strongest institution our nation has breaks down? What do we do when this piece of mind, the one thing that lets us sleep at night, suddenly disappears? This is exactly what happened during and in the after effects of the Attica prison riot of 1971. The riot created an incredibly immense shift and change not only in the conditions of prisons, but also in the security we feel as American citizens both in our penal system and American government. The Attica prison riot brought about a much-needed prison reform in terms of safety and conditions for inmates, which was necessary regardless of the social backlash it created and is still felt today.
In the world we live in today there is, has been, and always will be an infinite amount of controversies throughout society. Perhaps one of the most important, being that it could jeopardize our existence, is the debate of how to deal with what most everyone would consider unwanted. The members of the prison population can range from petty thieves to cold hearted serial killers; so the conflict arises on how they can all be dealt with the most efficient way. The sides can result in a wide range of opinions such as simply thinking a slap on the wrist is sufficient; to even thinking that death is the only way such a lesson can be learned. While many believe it is ok to punish and torture prisoners, others feel that cruel treatment of prison inmates is wrong because it is thought to be immoral and too extreme as opposed to deprived freedom and rehabilitation.
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.
Cruel and unusual punishment has been seen throughout history and has been shaped and molded ever since the constitution we have today was ratified. Being apart of the Eighth Amendment the cruel and unusual punishment clause can have many interpretations when it comes to what is considered “cruel and unusual”. Kenneth Jost explains in his article by CQ Researcher called “Sentencing Debates”, “1960’s-1970’s: Calls for sentencing reform: Liberals seek to reduce disparities; conservatives want to provide certainty, check ‘leniency’ by judges, parole boards” (Jost). The author discusses how in the early 1960’s people were trying to limit the rights of a judge's ability to sentence someone unfairly by invoking a sentence reform. This sentence reform would then be a basis for which all judges would use to sentence someone who is said to be guilty for a crime. In 1988 new laws were set that went along with the cruel and unusual punishment clause of the Eighth Amendment. In the subarticle “Are the federal guidelines unconstitutional?” Jost explains, “ Supre...
General Motors is one of the world's most dominant automakers from 1931. After 1980s economic recession the main goal for automobile companies was cost reduction. Customers became more price-sensitive. Also Japanese competitors came into market with the new effective system of production. So market was highly competitive and directed toward price reduction. The case states that in 1991 GM suffered $ 4.5 billion losses and most part of the costs of manufacturing was due to purchased components. GM NA hired Lopez in order to find the way from "extraordinary" situation and reduce costs.
prisons have violated human rights such as when looking at the The Eighth Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (Slyke 1,728). “Excessive force” by prison guards constitutes cruel and unusual punishment. In a very important Supreme Court case called Hudson v. McMillian, 503 U.S. 1 (1992), the Court found a violation of the Eighth Amendment when prison guards used violence towards a prisoner such as punching, leaving him with minor injury. The Court held that a guard’s use of force violates the Eighth Amendment when it is not applied “in a good faith effort to maintain or restore discipline” but instead is used to “maliciously and sadistically cause harm” (Slyke 1,733). As the court positioned “because society expects harsh incarceration conditions and less than unqualified access to health care for inmates, only extreme deprivations in these cases constitute cruel and unusual punishment” (Slyke 1,7334). Since there is no clear definition of what constitutes as cruel and unusual punishment, especially in a prison system where punishment is one of their forms of correction it needs to be locked into a case by case to determine if human rights have been
America locks up five times more of its' population than any other nation in the world. Due to prison overcrowding, prisoners are currently sleeping on floors, in tents, in converted broom closets and gymnasiums, or even in double or triple bunks in cells, which were designed for one inmate. Why is this happening? The U.S. Judicial System has become so succumbed to the ideal that Imprisonment is the most visibly form of punishment. The current structure of this system is failing terribly. To take people, strip them of their possessions and privacy, expose them to violence on a daily basis, restrict their quality of life to a 5x7ft cell, and deprive them of any meaning to live. This scenario is a standard form of punishment for violent offenders, although not suitable for nonviolent offenders.