8th amendment
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...AMENDMENT CRUEL AND UNUSUAL PUNISHMENT STANDARDS IN DEATH PENALTY CASES SINCE FURMAN V. GEORGIA (1972) Constitutional Law for Criminal Justice Name Institution Date Abstract State legislation or congress describes capital punishment for capital crimes such as murder. The Supreme Court ruled that the death penalty should not be a violation of the eighth amendment on unusual and cruel punishment. The Eighth amendment shapes some procedural aspects based on when a court of law can use the death penalty and how it needs to be conducted. The impact of the Due Process Clause of the 14th amendment has made the application of the 8th amendment against the federal government and those... THE CHANGE IN EIGHTH...
Canon Law & 8th Amendment
15 pages (3750 words) , Essay
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...8th Amendment Introduction CANON LAW Canon Law is the body of officially established rules governing the faith and practice of the members of a Christian church. Any church's or religion's laws, rules, and regulations; more commonly, the written policies that guide the administration and religious ceremonies of the Roman Catholic Church is the Canon Law. 8TH AMENDMENT Amendment VIII (the Eighth Amendment) of the United States Constitution, which is part of the U.S. Bill of Rights, prohibits excessive bail or fines, as well as cruel and unusual punishment. The phrases employed are taken from the English Bill of Rights. Description Canon Laws Since the fourth century, the Roman Catholic... Canon Law & 8th ...
The 8th Amendment to the US Constitution
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...8TH AMENDMENT TO THE US CONSTITUTION The 8th Amendment to the US Constitution By Introduction There are, to 27 amendments to the US Constitution, of which the first part is known collectively as the US Bill of Rights. The Bill of Rights is a very significant part of the US Constitution because it provides for the rights of the citizens as against the government and sets a limit upon the vast powers of the government with respect to its conduct in dealing with its citizens. Thus, the government cannot infringe upon the freedom of its citizens to practice any religion of their choice through legislations that curtail such freedom or conduct search and seizures against any person... ?Running Head: THE 8TH...
Capital Punishment: Is it Cruel and Unusual Punishment according to the 8th Amendment of the United States Constitution.
6 pages (1500 words) , Essay
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...Amendment to the U.S. Constitution. The legal interpretation of ‘cruel and unusual’ is somewhat open to debate but in general, the term ‘cruel’ refers to brutal punishments that cause excessive pain. Most legal experts agree that punishments including bodily dismemberment or torture are undoubtedly classified as cruel. Again, terminologies are open to interpretation as evidenced by the current debate at the highest level of government involving the definition of torture. The term ‘unusual’ is commonly understood to define the equitable application of punishment for a particular... Cruel and Unusual Punishment Punishment for crimes which are deemed cruel and unusual is forbidden by the Eighth...
Cruel and Unusual. The End of the Eighth Amendment
3 pages (750 words) , Download 1 , Dissertation
...8th amendment, the death penalty violates the premise of civilized treatment as guaranteed in the clause. According to Brennan, death penalty is cruel and should be classified as unusual form of punishment because it is prohibited by the clause. This formed the basis for stating that death punishment violates 8th and 14th amendment. According to Justice John Roberts, in the Baze verses... Cruel and Unusual: The End of the Eighth Amendment Justice Brennan found that death penalty is unconstitutional. In Justice William Brennan’s words, capital punishment was “irrational, arbitrary and degrading to human dignity. It also deprived the criminals of human status” (Dayan, 2). According to the observations...
The topic for your paper will be Baze v Rees, a Supreme Court hearing on lethal injection. The question for your 3-4 page paper
3 pages (750 words) , Download 1 , Term Paper
...8th Amendment to the US Constitution (Supreme Court, 2008). The main claims by the petitioners were that the three components used in the injection may be injected in an improper way causing Baze and Bowling a severe pain. This is why the case was granted by certiorari. Nevertheless, all points concerning the 8th Amendment are to be reconsidered so as to find out the truth through the analysis of both sides in the case. First and foremost, the main argument on the part... ?A United s Supreme Court case called Baze v. Rees, 553 U.S. 35 (2008) is a unique case when the petitioners in the person of Ralph Baze and Thomas Bowling sentenced to death in Kentucky highlighted that lethal injection violates the...
United States v. Salerno
2 pages (500 words) , Download 0 , Case Study
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...amendment nor the Excessive Bail Clause of the 8th Amendment. This case was based upon the arrest and subsequent indictment of La Cosa Nostra boss Anthony Salerno on violations of the Racketeer Influenced and Corrupt Organizations Act (RICO Act). Due to evidence that he proved to be a danger to the community... , the government requested that he be held without bail until trial. The 2nd Circuit Court of Appeals found that pretrial detention based upon the possibility of future dangerousness to be unconstitutional and a deprivation of liberty. The government won during the appeal round at the U.S. Supreme Court (“United States v. Salerno”). The 8th Amendment of...
Historical Background that Led to the Eighth Amendment
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...Amendment The origin of the 8th Amendment is the English Bill of Right MagnaCarta principle, and which stated that punishments should fit the crime as a free individual should not be fined for petty offenses except based on the magnitude of the offense. The founding fathers used the Magna Carta principle that when it comes to great offenses, a man ought to be fined based on the enormity of the offense. The Massachusetts Bay colony sought to recognize human rights as they had knowledge of the English Bill of Rights which tried individuals for numerous acts of perjury that had resulted in lots of executions with no right to bail coupled with inhumane... Historical Background That Led To the Eighth...
The change in Eighth Amendment cruel and unusual punishment standards in death penalty cases since Furman v. Georgia (1972)
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...AMENDMENT CRUEL AND UNUSUAL PUNISHMENT STANDARDS IN DEATH PENALTY CASES SINCE FURMAN V. GEORGIA (1972) affiliation Abstract State legislation or congress describes capital punishment for capital crimes such as murder. The Supreme Court ruled out that death penalty should not be rates as a violation for the ban of eighth amendment on unusual and cruel punishment. The Eighth amendment shapes some procedural aspects based on when a court of law can use death penalty and how it needs to be conducted. The impact of the Due Process Clause on the 14th amendment, has made the application of the 8th amendment against the federal government and those of states. The eighth amendment needs... THE CHAGE IN EIGHTH...
Eight Amendment of the U.S. Constitution - Freedom from Cruel and unusual Punishment
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...Amendment of the U.S. Constitution - Freedom from Cruel and unusual Punishment Inserts His/Her Inserts Grade Customer Inserts Tutor’s Name 21April 2011 The federal criminal justice system’s has developed through the years with the insertion of the 8th amendent, specifically the right of freedom from cruel and unusual punishment. The research focuses on the 8th amendment of the United States constitution. Specifically, the research delves into the cruel and unusual punishment provisions of the amendments. The research includes relevant case laws and statutes to back up the statements. The...
The Constitutional question of "cruel and unusual punishment" and the Death Penalty.
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...8th Amendment. A scrutiny of US Supreme Court cases show that although the Court does not regard the death penalty per se as a form of “cruel and unusual” punishment, its manner of imposition, the circumstances and the persons upon whom it is imposed may bring the case within the ambit of the 8th Amendment clause. Table of Contents Abstract Table of Contents 1.0 Executive Summary 2.0 Introduction 3.0 Background: Death Penalty 3.1 General History of the Death Penalty 3.2 History of the Death Penalty in the US 4.0 Justifications of the Imposition of the Death Penalty 4.1 Retribution 4.2 Deterrence 4.3 Incapacitation 5.0 The 8th Amendment and the Concept of “Cruel and Unusual” Punishment 5.1... ?Running...
Discuss at least two of the U.S. Supreme Court rulings in regards to the death penalty and how it has impacted capital punishment in the United States
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...8th Amendment of the United States Constitution. In the case of Kennedy v. Louisiana, 554 U.S. 407 (2008), involving the rape of a 12 year old girl by his stepfather, the ruling was against the death penalty. It was argued that one should not be sentenced to death since the victim did not die. They laid out debate that it was unfair to kill such a criminal since it was not a capital offense compared to other cases involving outright murder. There is a trend showing that with the passing of time, capital punishments had to be revised so as to allow justice and consistency in the rulings of court. No evidence has shown that the death penalty had an effect...
The Constitutional question of "cruel and unusual punishment" and the Death Penalty
30 pages (7500 words) , Research Paper
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...8th Amendment. A scrutiny of US Supreme Court cases show that although the Court does not regard the death penalty per se as a form of “cruel and unusual” punishment, its manner of imposition, the circumstances and the persons upon whom it is imposed may bring the case within the ambit of the 8th Amendment clause. Table of Contents Abstract Table of Contents 1.0 Executive Summary 2.0 Introduction 3.0 Background: Death Penalty 3.1 General History of the Death Penalty 3.2 History of the Death Penalty in the US 4.0 Justifications of the Imposition of the Death Penalty 4.1 Retribution 4.2 Deterrence 4.3 Incapacitation 5.0 The 8th Amendment and the Concept of “Cruel and Unusual” Punishment 5.1... ?Running...
Death Penalty II
3 pages (750 words) , Research Paper
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...8th, and 14th amendments expressly support the act, but places limits in prosecution. Capital punishment methods have changed; methods such as electrocution, lethal gas injection, and use of gas chambers are the modern methods. The death penalty is intended to help deter crime by acting as a warning message to potential criminals. This paper finally addresses the implication of the punishment on criminals and society at large. Keywords: Death Penalty, Capital Punishment, Criminals, Cruel, Unusual, 5th/8th/ 14th Amendment, Crime, Human Life, Crime Deterrence, Torture... ? Death Penalty II al Affiliation The death penalty has remained to be an embedded in nations like China, the United States and some in...
Correctional Law: Whitley vs. Alberts Case
9 pages (2250 words) , Essay
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...8th Amendment sets forth a stipulation that prohibits “Cruel and Unusual Punishment,” and prohibits unnecessary infliction of pain. This is applied after the State has made its efforts to comply with constitutional guarantees that are traditional with criminal prosecutions. (LAAW International, 2012). Were stipulations of the 8th Amendment followed? Why was force needed? What was the extent of the force? How extensive were... ? Correctional Law: Whitley vs. Albers Case: 475 US 312: (1986) Prisoners Rights, The the Eighth Amendment, the Fourteenth Amendment University Abstract The following information uses five journal articles to show the stipulations of the Eighth Amendment and the Fourteenth...
Phase 3 Individual Project
4 pages (1000 words) , Essay
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...8th Amendment of the constitution gives protection against cruel and unusual punishment, and the death penalty falls under cruel punishment (Morrison, 1996). This paper explores the various processes that will be undertaken for successful prosecution of the case. This paper identifies the various hearings and courts the case may be heard at, and it provides an overview of such courts. This paper analyzes the potential hearing of the case, from the beginning to its conclusion, and it identifies the various liberties the offender enjoys as provided in the 4th, 5th... Jesse Jackson committed murder and as a prosecutor in this case, I opted not to seek a death penalty for the offender. This is because the...
Sexual offender registration and Notification laws in the State of Florida.
2 pages (500 words) , Essay
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...8th amendment. Even so, the proposing side had more valid points than the opposing side. The law ensures that both the public and law enforcers have an increased awareness of criminal and sexual offenders. The coordinated efforts of Florida’s criminal justice... Offender Registration and Notification Laws in the Of Florida Sexual Offender Registration and Notification Laws in theState Of Florida A heated debate ensued in class on the sexual offender registration and notification laws in the State Of Florida in which both sides presented valid points. Those against the laws proved that it is a disadvantageous law, for instance, it is a lifetime sentence that interfere with the offender’s 8th amendment. E...
WHITLEY v. ALBERS CASE 475 U.S. 312; 106 S. Ct. 1078; 89 L. Ed. 2d 251 (1986)
9 pages (2250 words) , Essay
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...8th Amendment sets forth a stipulation that prohibits “Cruel and Unusual Punishment,” and prohibits unnecessary infliction of pain. This is applied after the State has made its efforts to comply with constitutional guarantees that are traditional with criminal prosecutions. (LAAW International, 2012). Were stipulations of the 8th Amendment followed? Why was force needed? What was the extent of the force? How extensive... Correctional Law: Whitley vs. Albers Case: 475 US 312: (1986) Prisoners Rights, The the Eighth Amendment, the Fourteenth Amendment University Abstract The following information uses five journal articles to show the stipulations of the Eighth Amendment and the Fourteenth Amendment. Th...
Tx gov
3 pages (750 words) , Essay
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...8th Amendment to the U.S. Constitution. The 8th Amendment expresses... Capital Punishment Death penalty is de d as an act of executing a man by lawful process as punishment to an unlawful acts committed by the individual. The punishment by death penalty has been around since the conception of human civilization. Despite the fact that the methods used have changed, the thought is still the same. It is a method of punishment for overwhelming serious criminal acts. According to Guernsey (13), these crimes are known as capital offenses or capital crimes. The death penalty has been practiced in numerous societies. The discussions and debates over the death penalty have been boiling over on for endless number ...
In Doctor Strangelove, there was a great deal of emphasis placed upon the
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...8th amendment in the constitution and the corresponding action of the Supreme Court. The 8th amendment prohibits cruel and unusual punishment, excessive bails and fines, but then the Supreme Court had never been convinced to eliminate the death penalty and extreme punishment such as indefinite solitary confinement and sensory depravation which are employed by the US super maximum security. She then goes on to include slavery as a justification for racialized subjugation in democracy. The long history of the Black people’s servitude is explicit... Countless of us are aware that the “times have changed”. Changes in perceptions about sex and marriage or gender roles are instances of cultural modifications...
Case brief 2
12 pages (3000 words) , Research Proposal
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...8th Amendment to the US... ?Case Brief By Table of Contents Turner v. Rogers, 131 S.Ct. 2507 3 Florence v. Board of Chosen Freeholders, 566U.S. ___ (2012). 5 Arizona et al v. United States, No. 11-182 567 U.S. _____ [2012] 7 Miller v. Alabama, No. 10-9646 567 U.S. _____ [2012] 9 National Federation of Independent Business et al v. Sebelius, Secretary of Health and Human Services, et al. No. 11-393, 567 U.S. _____ [2012] 11 United States v. Alvarez, No. 11-210, 567 U. S. _____ [2012] 13 Bibliography 16 Turner v. Rogers, 131 S.Ct. 2507 Vote: 5-4 I. Facts of the Case A family court in South Carolina order that the appellant pay a weekly sum of $51-73 in child support. The appellant was held in contempt on...
TEXTBOOK CJ2012 FAGIN-Explain the difference between the crime control model and the due process model of justice.
2 pages (500 words) , Essay
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...8th Amendment and the 4th Amendment, which allows no illegal and unlawful search and seizure. The rights should be put aside for the purpose of maintaining purpose of security and criminal justice manners. On the other hand, sometimes one has to give up his or her right for the advantage of society as a whole. The justice system in US is a complex one and sometimes it becomes difficult to distinguish between the innocent people from the culprits. It also happens that many times the guilty has been freed and the innocent people put away imprisons because of the flowed system of imparting justice... 18 September Explain the difference between the crime control model and the due process model of justice....
American Court System U3IP
3 pages (750 words) , Research Paper
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...Amendment’. Furthermore, 8th Amendment of the Bill Of Rights depicts that criminals will be protected from unkind or unusual punishments that are provided to them in accordance with the law. The amendment also deals with safeguarding the criminal offenders from extreme fines and bail imposed over them. However, as per the ‘Due Process Clause of the 14th Amendment’, the protection of criminal offenders against excessive fines and bails will not be incorporated to the states ([1] UMKC, 2013). What is the difference between procedural... ? American Court System U3IP American Court System U3IP With the emergence of the due process clause of the 14th Amendment, the Supreme Court of the United States has...
Cruel and Unusual Punishment
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...amendments were interpreted as having endorsed the death penalty. It was later suggested that the death penalty was unusual and cruel, and hence unconstitutional in accordance to the Eighth Amendment (Mandery 77). In 1985, the Supreme Court ruled that the 8th Amendment had an evolving standard of decency which marked progress of a society that was coming of age... Cruel and Unusual Punishment Capital punishment refers to the legal process in which a person found guilty of specific crimes is put to death by the authorities as punishment for the crimes perpetrated. Capital punishment is usually handed out to capital offenders, or those who commit capital crimes. Most of the modern societies practice the...
What are the arguements for and against the death penalty. examples should be based on the USA
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...8th Amendment to the Constitution. This amendment prohibits cruel and unusual punishments against juveniles. However, it was held that juvenile criminals, who were sixteen... In the contemporary world, capital punishment faces considerable opposition. Corporal punishment has been deemed to be a very severe form of punishment. Consequently, most of the countries in the world have discontinued this barbaric and unnecessary mode of punishment. Capital punishment has been discontinued in almost ninety countries; nevertheless, an almost equal number still practice it. A major adherent to capital punishment is the US. On an average, seventy – five persons are executed every year in the US1. The first ever repo...
Warden interview
3 pages (750 words) , Download 0 , Essay
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...8th amendment prohibiting cruel and unusual punishment. The legal system ensures that healthcare provided to inmates must be adequate and necessary to meet the community standard of care. The second major change was the increased level of accountability of corrections staff employed within the facilities. An example of which is Prison Rape Elimination Act ( PREA) ,which is a Federal Law that signed by President Bush in 2003.The said act was promulgated after an inmate committed suicide after being raped repeatedly. Despite the repeated pleas of the inmate to address his concern, he... ? Interview with a Warden Interview with a Warden The interview with a warden revealed many interesting up s in...
Criminal Justice
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...8th Amendment. His third conviction was stealing golf clubs, a non-serious offense. The Court cited the State’s interest in public safety and that “selecting sentencing rationales is generally a policy choice to be made by state legislatures, not federal courts” (A Primer: Three Strikes 2005). IV Conclusion The Three-Strikes Law was initially adopted by most states as a resounding response to the proliferation of heinous crimes. It was intended to serve the purpose of either deterring more crimes, and if that fails, by incapacitation through removal from society. Yet, after more than a decade, studies reveal that not only did the law did not meet its... Running Head: THE EFFECTIVENESS OF THE...
Research Task
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...8th Amendment rights under 42 U.S.C. 1983 held that the defendant had the right to minimal level of treatment (Dimitrakopoulos, 2007). This includes mental healthcare. However, on the claims of unusual punishment, it was held that the defendant was not able to prove that the act of omission was sufficiently harmful to put his health statues and wellbeing in danger. Sell v. United States, 539 U.S. 166 (2003) This particular landmark US Supreme Court case touches on the right to refuse psychiatric treatment. The ruling imposed very... Psychology Research Task al Affiliation Dusky v. United s, 362 U.S. 402 (1960) This was a landmark US Supreme Court case onthe competence to stand trial. Upon the review of...
Securing America and Protecting Civil Liberties
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...8th Amendment prohibiting “cruel and unusual punishment” (Brinkley, 2004), it is covered under the Universal Declaration of Basic Human Rights. Simply put, does America have the right to extract information by persons by whatever means necessary? The answer is no, in my opinion, we do not. The Universal Declaration of Human Rights specifically states that “everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind…no distinction shall be made on the basis of political, jurisdictional, or international status of the country or territory to which a person belongs.” Though the Universal... its passage, The Patriot Act has come under fire as...
Countrterrorism
3 pages (750 words) , Article
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...8th amendment, Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted" (Emerson & Haber, 1952). 3. Just war may be grounded along the concept that the history of the Americans in the achievement of freedom has been long and tremendous, that even the powers of the government have been frameworked in a purposeful endeavor intended to safeguard individual rights. So, the war on terror can be properly characterized as just war if it is conducted within the realms of the United States constitution... Order# 309946 COUNTERTERRORISM As a senior counterterrorism official for the Federal government in a large American with a significant Arabpopulation,...
Australian Marriage Amendment Act
11 pages (2750 words) , Essay
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...amendments passed to the Marriage Act 19611 serves to question the certain provisions that are contained in the Marriage Amendment Act 2002. The Marriage Amendment and Ministry The Marriage Amendment Act 2002 serves to amend the Marriage Act 1961 that starts operation on the day on which this Act receives the Royal Assent2 which according to the 2002 Bill has set the provisions and amendments that shall be applicable on the 8th day of October 2002, the day... Australian Marriage Amendment Act Yvonne L. Academia Research The 40 year old Marriage Act 1961 is no longer reflective of contemporary relationships and not reflective of modern Australia's advancement. However, to protect that sanctity of...
Prison Violence: Does Brutality Come with the Badge
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...8th Amendment to our Constitution, which prohibits cruel and unusual punishment, there seems to only be a rise in the maltreatment of prisoners around the world (Gross, 2008). Prisoners would be choked, punched, kicked, and bludgeoned with objects for any behavior that guards would deem out of line, and the guards would often attack with such ease. This fact is what prompted psychologists to conduct studies to see why violence prevails in prison on behalf of the guards. The first study was undergone in 1961 by Yale University psychology professor Stanley Milgram, who divided his subjects into two groups: teachers and learners... Prison Violence: Article Summary Bruce Gross delves into the concept and...
Position paper "why i agree with the 3 strikes your out law"
2 pages (500 words) , Research Paper
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...8th Amendment in regards to cruel and unusual punishment. All criminals are welcome to their day in court and the right to an appeal. They should use it. However, leave the law in place. It is a law that actually sides with the victims of a crime that is not always the case. For some reason, the rights of the accused are more protected than the right of the victims. The 3 Strikes Law is one of the few laws that really protects the public, so let it be. Works Cited Brown, Brian & Jolivette, Greg. “A Primer: The 3 Strikes Law - The Impact After More Than a Decade”. Legislative... Why I Agree With the 3 Strikes Law I dare you to turn on your television and tune in to the nightly or cable news broadcasts...
What Lead To North Carolina Marriage Amendment Vote
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...amendment by 61.05%, on May 8th, 2012. Like any other amendment, there are other anteceding factors that had orchestrated the North Carolina Marriage Amendment vote into realization, as shall be seen forthwith. One of the factors that led to the North Carolina Marriage Amendment (NCMA) vote was the fact that the law is dynamic and thus, subject to amendment. Because of its dynamic nature, the law is always debated in the state legislature. Amendments may be made to the law, if any need arises, and if the bill calling for the amendments garners enough support. In this case, the law on marriage was debated during the spring... North Carolina Marriage Amendment Vote Number Introduction The North...
The death penalty (should or shouldnt) be banned as a form of punishment.
5 pages (1250 words) , Annotated Bibliography
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...8th amendment: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted... #/Section A Brief Position and Analysis Against Further Implementation of the Death Penalty The issue of whether or not a person supports or opposes the death penalty is currently one of great contention within the United States. The following analysis will not attempt to make a moral determination of which viewpoint is superior; rather, the following analysis intends to show a few of the strongest and most logical arguments for ending the death penalty. Morality within the context of the rule of law is a topic that could be debated until the end of time. However, for the...
Police Brutality Law Research Paper
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...Amendment is helpful where the accused is beaten or forced to make a confession so that he can be prosecuted. This amendment also protects individuals who are accused by use of evidence that culminated from illegal searches and seizures. The Eighth Amendment is important in that it protects all inmates from excessive force and unusual punishments. Therefore, whenever one is convicted of a crime, police brutality invokes the application of 8th Amendment rights. The Justification Law is a federal law that creates a limit in the number of times police officers can use force. It stipulates that police officers should only use force as a protective mechanism... Police Brutality Police Brutality, according to ...
The 2nd Amendment and the Right to Bear Arms
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...Amendment: America's First Freedom. Retrieved 7th December 2011, http://www.enterstageright.com/archive/articles/0498heston.htm Kopel David B. and D'Andrilli Stephen. The Swiss & Guns - Proven Success!. Retrieved 7th December 2011, Longley Robert, (28th June 2008), D.C. v. Heller Leaves Big Second Amendment Question Can it be Enforced against State Gun Laws?. About.com Retrieved 7th December 2011, http://usgovinfo.about.com/od/guncontrol/a/hellerinstates.htm NBC Connecticut. (2011). Camera Captures Clerk Shooting Suspect. [Press release]. Retrieved from http://www.nbcconnecticut.com/news/local/Camera-Captures-Clerk-Shooting-Suspect-134869693.html Nathan...
Death Penalty and the Adolescents
8 pages (2000 words) , Essay
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...8th Amendment related that "cruel and unusual" punishment to methods used in ages past. The 8th Amendment was created to outlaw practices such as burning criminals at the stake, boiling them in oil, or "drawing and quartering", whereas the convicted felon was tied hands and feet to four horses and literally torn to pieces. Indeed, the Supreme Court of the United States declared in its 1976 Gregg vs. Georgia decision that "the punishment of death does not invariably violate the Constitution" (Oberg, 2000). Proponents of the death... Death Penalty and the Adolescents History of Death Penalty Death penalty (or capital punishment in the most common term) is the most severe of all sentences....
Capital Punishment
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...8th amendment of the US constitution (White... ? Capital Punishment Capital Punishment Capital punishment or death penalty is known as the legitimate way of taking life by the as a punishment for capital crimes, like rape or murder. Electric chair, hanging and lethal injections are some of the methods that are currently being used by countries practicing capital punishments. According to Amnesty International about 140 countries have abolished capital punishment (The Death Penalty WorldWide). Capital punishment has always been a controversial issue and throughout time people have argued against it, labeling is at cruel and an inhumane way of punishing people. Although on the opposite side death penalty...
Criminal Psychology
5 pages (1250 words) , Case Study
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...8th Amendment. In reply to McCleskey's claim of a 14th Amendment violation, the Court ruled that the Baldus study was flawed and could not represent the statistics correctly. McCleskey was denied based on these findings. As per instruction, the most recent case... Question In the situation of Justin Case, the judge found Case competent to be tried due to his mental competency at the time of trial. The judge found him legally insane based upon his mental state at the time of the committed felony. Based on the Model Standard created by the American Law Institute, "if at the time of his conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality...
Adolescents and the Death Penalty
4 pages (1000 words) , Essay
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...8th Amendment related that “cruel and unusual” punishment to methods used in ages past. The 8th Amendment was created to outlaw practices such as burning criminals at the stake, boiling them in oil, or “drawing and quartering”, whereas the convicted felon was tied hands and feet to four horses and literally torn to pieces. Indeed, the Supreme Court of the United States declared in its 1976 Gregg vs. Georgia decision that “the punishment of death does not invariably violate the Constitution” (Oberg, 2000). Proponents... Death Penalty and the Adolescents History of Death Penalty Death penalty (or capital punishment in the most common term) is the most severe of allsentences. Restructuring of the...
Comprehensive Policy Paper
6 pages (1500 words) , Research Paper
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...8th amendment of the United States constitution prohibits subjecting inmates to inhuman conditions as well as other forms of cruel and unusual punishment. This protection not only requires that inmates are given a minimum standard of living, but it also allows inmates and prisoners to retain some constitutional rights, such as the right to access the parole process and the right to administrative appeal (Smith, 1999). According to 1848 Supreme court ruling... ? Legal Rights of Inmates Legal rights of Inmates Introduction Although inmates do not always have the full constitutional rights, they have a number of basic rights that are protected and governed by both federal and state laws. For example, the...
Should life imprisonment without the possibility of parole replace the death penalty in California?
5 pages (1250 words) , Research Paper
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...amendment of the United States constitution that states that the federal government is liable to refrain from cruel punishments including torture and unusual punishments. The then governor of California, Arnold Schwarzenegger, took this declaration into account and levied an indefinite delay on the death penalty. This delay is still underway because of the current rifts between the prisoners’ attorneys’ and state’s attorney general on the 8th amendment and the lack of its application. With many... Should life imprisonment without the possibility of parole replace the death penalty in California? Before debating on the phenomenon of death penalty it is imperative to clearly define the term ‘capital punish...
Constitutional Freedoms in the Law Enforcement Workplace
18 pages (4500 words) , Essay
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...8th Amendment meets the 5th Amendment. Retrieved from http://www.huffingtonpost.com/christopher-brauchli/the-8th-amendment-meets-t_b_997053.html City of Los Angeles. (2014... Constitutional Freedoms in the Law Enforcement Workplace Introduction The central motive for creating the US constitution was to support a government, which will hold enough capability of managing both international and economic issues in the US. Surprisingly, the initial motive of creating the US constitution was not to empower the legislative system of the nation but to guarantee the human rights of the citizens. In fact, professional law enforcement systems, particularly the police department were established in the US almost...
Issues of Corporal Punishment
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...amendment, corporal punishment even included certain elements of death penalty or capital penalty levied by the law. Later the 8th amendment changed the aspects of death penalty and banned any sort of needless torture or coercion to the individual being executed. According to Farrell, the existence of corporal... ?Corporal Punishment Corporal Punishment Introduction The word corporal punishment is derived from the Latin word called corpus which even means body. Corporal Punishment refers to the physical or bodily coercion that leads to trauma or defecting of the physical being. In corporal punishment an individual is subjected to physical infliction of pain by the court of law. Prior to the eighth...
Should life imprisonment without the possibility of parole replace the death penalty in California?
5 pages (1250 words) , Research Paper
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...amendment of the United States constitution that states that the federal government is liable to refrain from cruel punishments including torture and unusual punishments. The then governor of California, Arnold Schwarzenegger, took this declaration into account and levied an indefinite delay on the death penalty. This delay is still underway because of the current rifts between the prisoners’ attorneys’ and state’s attorney general on the 8th amendment and the lack of its application. With many... Should life imprisonment without the possibility of parole replace the death penalty in California? Before debating on the phenomenon of death penalty it is imperative to clearly define the term ‘capital...
Explain and Contrast Three Major Interpretations of the Fourth Amendment to the U.S. Constitution by the Supreme Court
4 pages (1000 words) , Essay
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...AMENDMENT The Three Interpretations of the Fourth Amendment By Introduction The Fourth Amendment to the US Constitution states that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Two important clauses can be noted from the aforementioned provision: the reasonableness clause, and; the warrants clause. Different approaches to the interpretation of this amendment... ?Running Head: THE THREE INTERPRETATIONS OF THE FOURTH...
Discipline:State Laws on Corporal Punishment/students conduct in U.S Public Schools
9 pages (2250 words) , Research Paper
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...8th Amendment of the United States Constitution because it amounted to unusual and cruel punishment. The parents further argued that corporal punishment should be administered as required by the principle of due principle. Based on this argument, they were of the view that the school violated the 14th Amendment of the Constitution while administering corporal punishment to students (Bloom, 2010). In Ingraham v Wright, the Supreme Court held that there was no violation of the 8th Amendment because its provisions only prohibited unusual and cruel punishment of crime offenders who have already been convicted. The court noted, therefore, that the amendment did not apply... ? Laws on Corporal Punishment...
Judicial Restraint and Judicial Activism
4 pages (1000 words) , Essay
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...8th Amendment... Judicial Activism Judicial activism and judicial restraint are two terms which are bandied about on both sides of the spectrum. Conservatives decry judicial activism. They state that judges should not make law, only interpret the law. However, this is hypocrisy, because conservatives do not seem to mind activism when it comes to issues that they believe in. For instance, in Bush v. Gore, 531 US 98 (2000), which is the ultimate case of judicial activism, conservatives did not decry this case as being a case of judicial activism. But, if one reads the opinion, it is clear that the judges are straining to find reasons for the decision, and the reason that they actually found, equal...
P-2
10 pages (2500 words) , Coursework
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...8th Amendment. Thus, Supreme Court consented the two terms of 25 years to Andrade, which mean that Andrade could not obtain parole till 2046! Thus, Andrade case offers no obvious solution to the “gross disproportionality “issue, particularly for punishment under “three-strike” statues. Nonetheless, the last paragraph in the majority of Andrade case implies that the way perused by US Supreme Court will take that issue when it is presented again. It is observed that for only extreme cases, the gross disproportionality norm reserves a constitutional infringement. (Gardner & Anderson, 2010, p.213). As per King and Mauer (2001), about 58% of the offenders who were booked under the three... Whether...
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