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The bill of rights analysis
What is the Bill of Rights? quizlet
What is the Bill of Rights? quizlet
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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 …show more content…
Earley notes that, “The design of the cellhouse contributes to the misery” acting as a greenhouse almost, this is how Leavenworth earned itself the nickname of the Hot House. According to an article published in Grist Magazine in 2014, federal judge Brian A Jackson ruled that the inmates at the Louisiana State Penitentiary at Angola had been subject to cruel and unusual punishment when nothing was done to save them from the heat, which reached 195 degrees in their cells. Kansas is also known for some exceedingly hot summers, and while Earley does not mention the exact temperature C cellblock could reach, if the entire place is known as the Hot House then it is likely just as harsh on these prisoners in the 90’s as it was for those in
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.
The experiments done on African American children were drug experiments—like fenfluramine— in order to correlate aggressiveness to serotonin levels. The children that were selected for this study were black boys who were physically and mentally healthy. Other experiments done were brain surgery and lobotomy. For example, James Marion Sims punctured parietal bones so that he could move them to other positions (115).
Prison Writings, by Leonard Peltier, provides us with a heart-throbbing story of a martyr fighting for the right of his fellow Native Americans. In this book, Peltier explains the events that led to his arrest, and his experience being imprisoned for a crime that he didn’t commit. He starts off with a chilling tale, reminiscing the horror of being imprisoned, and recalling the paranoia of having to always be “on the edge” and of “never [letting] your guard down.” (Peltier, 3) He then tells us, in his point of view, the circumstances that led up to his arrest, revealing his poor upbringing in the Dakotas, and his involvement with the AIM (American Indian Movement). As an American Indian leader, Peltier went to help and protect the people at the siege going on at Pine Ridge, where there has a gun battle and two agents were killed. After the siege, Peltier went to hide in Canada, where he was captured by the RMP. He was then
In this critic, I will be analyzing and comparing two books. The first book is “A question of Freedom a Memoir of Learning, Survival, and Coming of Age in Prison” by R. Dwayne Betts. The second book is “Newjack: Guarding Sing Sing” by Ted Conover. In this comparison will first give a short summarization of both books. Second I will be answering the fallowing questions, what prisons are discussed? What types of prisoners are there- age, race, sex, level of crime? How current is the information? What are the conditions of the prisons? How are the prisoners treated? How are the guards and their viewpoints represented? How are the prisoners and their viewpoints represented? What forms of rehabilitation are there? What are the social relationships with other inmates? What opportunities are available to occupy prisoners? What point of view is the author taking – critical, Positive, does she/he write from the viewpoint of a guard, a prisoner? What evidence is/are the author’s points based on and how is the evidence presented - for example, first hand observations, Statistics? Also what changes, if any, are proposed or discussed by the author? How does the information in this book compare with what you’ve read in the text and articles and what you have observed on a class trip? Lastly what is your opinion of the information and viewpoint expressed in the book?
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. This amendment is the 8th bill of rights in the constitution of the United States of America. The death penalty is a direct violation of the constitution of the United States, and should be deemed unlawful by the Supreme Court. Although the death penalty shows justice at avenging the death of the innocent, it is not cost effective by being ten times more expensive than a criminal spending life in prison, and it violates the 8th amendment in the Constitution of the United States which is the supreme law of the land.
“US: Look Critically at Widespread Use of Solitary Confinement.” Human Rights Watch, 1 July 2016,
The 6th amendement of the U.S. Constituion gurantees the acussed the right to a speedy trial. In New York more specifically, the prosecution must be ready for trial on all felonies except murder within six months, or the charges aginst a defendant can be dissmissed. However, an article written in The New Yorker by Jennifer Gonnerman about a young man named Kalief Browder, sheds light on a situation that is should have been handled more differently. Kalief browder spend three years on Rikers Island in what could only be described as horrible conditions, and suffered appalling violence, without ever being convicted of a crime. The failure of our Criminal Justice System not only deprived Kalief Browder the right to a speedy trial, but also robbed such a young man of an education, and most importantly his freedom. - Thesis Statement .
The courts have declared that if a sentence is inhuman, outrageous, or shocking to society, it would be considered cruel and unusual. For example, cutting body parts off, breaking on the wheel, crucifixion, and so on. The Founding Fathers intention for the Eighth Amendment was to give the government into the hands of people and take it away from arbitrary rulers and judges, who might expose any amount of excessive bail or cruel and unusual punishment that they wished....
There is still confusion about what is actually constitutes “cruel and unusual punishment.” There have been several court cases of interest that have challenged and redefined this concept. In Louisiana ex. Rel. Francis v. Resweber, a convicted murdered was subject to a botched execution, and subsequently argued that a second attempt at execution would be a violation of the Eighth Amendment constituting cruel and unusual punishment. While the Supreme Court rejected this argument, stating that the eighth amendment applies to “cruelty inherent in the method of punishment.” I found it interesting that in the Case of Trop v. Dulles the Supreme Court ruled that loss of citizenship did constitute cruel and unusual punishment. The Supreme Courts position was that to revoke citizenship would be “to subject the individual to a fate forbidden by the principles of civilized treatment guaranteed by the Eighth Amendment.”
Solitary confinement is a mandated arrangement set up by courts or prisons which seek to punish inmates by the use of isolated confinement. Specifically, solitary confinement can be defined as confinement in which inmates that are held in a single cell for up to twenty-three hours a day without any contact with the exception of prison staff (Shalev, 2011). There are several other terms which refer to solitary confinement such as, administrative segregation, supermax facilities (this is due to the fact that supermax facilities only have solitary confinement), the hotbox, the hole, and the security housing unit (SHU). Solitary confinement is a place where most inmates would prefer not to go. There are many reasons for this.
has seen many legal lawsuits due to prison overcrowding and the prison conditions they bring along. Between 1978 and 1982, three of the cases on prison and jail conditions that had been heard in the lower federal courts reached the United States Supreme Court (Jacobs and Angelos 103). According to the article Prison Overcrowding and the Law one of the court cases heard in the supreme court was an appeal from a decision holding the “totality of conditions” in the Arkansas prison system. The other two court cases were appeals from decisions by federal judges holding that crowding by itself was forbidden by the Constitution (Jacobs and Angelos 103). These court decisions helped to resolve the standards to be used by the lower courts in deciding prisons and jail crowding cases (Jacobs and Angelos 103). The federal judges in the Arkansas case all labeled the overall conditions of that state’s prison system “shocking to the conscience” (Jacobs and Angelos 104). According to the article Prison Overcrowding and the Law severe crowding, violence, sexual assault, filth, inadequate medical and dental care, inadequate food facilities, and failure to separate mentally and physically ill inmates were all cited as contributing to the unconstitutional “totality of conditions”. I think that these judges were absolutely right to give these conditions such names even though they are inmates they still need access to certain livable conditions. Prison overcrowding was
How do you judge the atrocities committed during a war? In World War II, there were numerous atrocities committed by all sides, especially in the concentration and prisoner of war camps. Europeans were most noted for the concentration camps and the genocide committed by the Nazi party in these camps. Less known is how Allied prisoners were also sent to those camps. The Japanese also had camps for prisoners of war. Which countries’ camps were worse? While both camps were horrible places for soldiers, the Japanese prisoner of war camps were far worse.
“And it is just as plain that typical Islamic punishments are no crueler to the convict than incarceration in the typical American state prison” (10). This sentence states the main idea, which is are the Islamic punishments as cruel as American punishments.
The Shelter by Harlan Cohen is about a boy in high school name Mickey Bolitar trying to reveal a question, which has been brought upon in his life. His life takes a major turn when his father dies in a car wreck. The tragedy cause his mother to go into a rehabilitation center from drug abuse. After starting at new school, he mets Ashley ,”The Love of his life”, she suddenly disappears. This brings mystery in Mickey’s life as he tries to find out where she is. Along with the mystery of Ashley, the town’s myth “Bat Lady” claims Mickey’s father is still alive. Throughout the book Mickey is trying to find out all this information, which conveys the theme. The theme would be the truth Mickey would like to find out. Unfortunately, the courage is
Inmates are seen as miscreants and deviants and dysfunctional members of society resulting in apathy from the general public. Whether it be violating a person’s right to “life, liberty, and security of person” or the guarantee of no“torture or cruel, inhuman or degrading treatment or punishment,” (Universal Declaration), both previously mentioned acts are unethical since they violate basic human rights. But despite the obvious issues, a large majority of the population continue to let it pass because they have low opinions of the incarcerated, resulting in little sympathy when allegations of abuse arise. So if people refuse to sympathise with prisoners, and authority figures claim that their treatment is an attempt at controlling the situation, then this begs the question: is this an ethical problem; if so, how does one attempt to correct years of abusive treatment? It can be clearly argued, with support from the philosophy of Aristotle, John Stuart Mill, and Herbert Spencer, that prisoner abuse is an unethical act and attempts should be made to fix