Essays on Eighth Amendment

This paper is about Freddie Lee Hall and the review of the case Hall v Florida No. 12-10882 (2014), with reference to Atkins v Virginia. Mr. Hall committed multiple crimes of rape, kidnap, robbery and murder, although with an accomplice in 1978. There was an effort to refute his claims of being intellectually challenged because of the degree of planning needed to conduct such a robbery and also a consideration of the fact that he had an IQ score of 71. Automatically, the fact that he killed two people, one of them a deputy, should have gotten him a ...

Basis of opinions

The presented case was argued on 13th October, 2004 where the constitutionality of capital punishments for juveniles was challenged through an appeal. The basis of the argument of the Eighth Amendment as it is related to unusual and cruel punishments for crimes committed by individuals (Lane, 2005). The decision of the Supreme Court in 1988 under Thompson v. Oklahoma was to bar the execution of offenders who are below 16 years. Another case was heard in 1989; Stanford v. Kentucky, which indicated the possibility of having capital punishments rendered to individuals below 17 years. Based on the evolving standards ...

1. Explain in detail the Exclusionary Rule. The Exclusionary Rule is the rule that is generated by the law under the constitutional rights. It does not allow the use of any of the non-legal obtained proof in the trials for criminal under the fourth amendment. It will usually apply for the elimination of the physical evident. The best example of exclusionary rule is stolen property, murder, or weapons that allows the police to catch a break in a case under the rights of the fourth amendment. The exclusionary rule could be under the Fifth Amendment, when no person can ...

In the case of Hope vs Pelzer there was inconsiderate interventions made in the treatment of a prison inmate by prison guards who treated the inmate inhumanely as he was subjected to a variety of conditions that subsequentially led to the case. The case in point involves the treatment shown to Larry Hope and the violation of the Eighth Amendment rights. The main facts of the case include that he was handcuffed to a hitching post, additionally other case facts include the facts that he was placed in leg irons after tussling with prison officers and later chained again ...

Introduction

No form of punishment engenders more controversy than the death penalty. Although capital punishment has been used since ancient times, its modern utilization is repeatedly called into question. The United States stands alone among Western world counterparts in its continued use of the death penalty. Among the international community, the general trend largely reflects a discontinuance of capital punishment. For instance, member states of the European Union have all abolished the death penalty (Shin, 2007, p. 505). Given the overwhelming number of nations that have since abolished the death penalty, it is somewhat surprising that the United States continues ...

While the Civil War may have legally ended slavery, remnants of slavery and racial animosity continued to exist, and perhaps still do, in many parts of the country. Even after the passage of the Reconstruction Amendments, which attempted to empower newly freed African American slaves and give them equal rights of citizenship, states managed to find ways to disenfranchise blacks from exercising their newly acquired rights of citizenship. Racial prejudice was especially pervasive in the South. The era of Jim Crow laws, which controlled nearly every aspect of Southern public life, maintained strict separation of whites and blacks (Welke, ...

One of the cornerstones of American legal system is the Eighth Amendments prohibition against “cruel and unusual punishment” (United States Constitution, amend. VIII). Because the Eighth Amendment is silent on what forms of punishment constitute inherently “cruel and unusual,” flushing out the details has been left up to the Supreme Court. As society advances and develops, views towards punishment correspondingly shift. While it may have been a widely accepted practice to draw and quarter people three hundred years ago, by today’s standards, this punishment certainly constitutes cruel and unusual punishment under the Eighth Amendment. The most controversial form ...

The death penalty was introduced in America through the common law brought by the British (Garland et. al., 2011). Indeed the British carried out the death penalty in America during the colonial era. When America gained independence, the death penalty was transplanted to the laws of the independent America. Though it was not expressly provided for, they were arguments that since the Eighth Amendment only prohibits unusual and cruel punishments, it does not disallow death penalty. Accordingly, there were several instances of death penalties imposed.

The Supreme Court considered the constitutionality of the death sentence in the case ...

Furman v. Georgia

In the above case, the U.S. Supreme Court found for the first time that the death penalty in this case was unconstitutional. The petitioner William Henry Furman was committing a burglary in a home when his weapon accidentally killed a resident therein. Georgia court convicted Furman for murder and awarded death sentence. Along with this, two other cases Jackson v Georgia and Branch v Texas that awarded death sentence for rape were decided by the Supreme Court on the question whether death sentence in these cases constituted cruel and unusual punishment violating Eighth and Fourteenth Amendments. The U.S. Supreme Court reversed the ...

Solitary Confinement: Forced isolation-issues and concerns

One of the more disquieting trends prevailing in the American correctional system is the rising instances of drawn out and at times fixed practices of cruel solitary isolation in “supermax” prisons to detain prisoners that the government deem as extremely dangerous. Majority of these prisoners are detained for extended periods in solitary confinement facilities. In a number of states and in the Federal correctional system, there are a number of inmates that have been literally sent to harsh solitary confinement for all of their sentences in prison. For example, a set of prisoners in the Ohio correctional system have been designated ...

Introduction

Capital punishment is one of the longest raging debates regarding punishment of criminals in the criminal justice system. Capital punishment, commonly referred to as the death penalty, is a method of retribution against capital crimes by killing the perpetrator (Mandery, 2011). The death penalty has received severe criticism in recent years from civil rights groups, activists and pro-life campaigners. The main aim of this paper is to consider a variety of methods used to execute criminals, their history, their effectiveness and peripheral matters regarding this issue. The death penalty is one of the oldest recognizable forms of punishment for capital ...

Now it is time to give careful consideration to the nature of corruption that is the case in the USA. Pepys (2) notes that corruption within the system of justice may be defined as the use of management reserves or public authority to one’s own advantage or for personal gains resulting in an inappropriate legal protection of citizens and delivery of judicial services. In a broad context, the system of justice embraces judges, police, prosecutors, public defenders, court personnel, private bar, and a variety of court decision enforcement agencies, such as, for example, penal institutions. Whatever the variety of justice ...

Inmate Rights

Inmate Rights and Prisons Part 1: Supreme Court decisions Helling v. McKinney (91-1958), 509 U.S. 25 (1993). A Nevada state prisoner McKinney filled a suit against prison officials claiming that his uncontrolled exposure to environmental tobacco smoke (ETS) from his cellmates violated the Eighth Amendment. He argued that the second hand smoke from some of his cellmates especially one who smoked five packs a day presented unreasonable risk to his health, therefore subjecting him to cruel punishment (Supreme Court Media 2014). At the time, the Eighth Amendment “deliberate indifference” only applied to current medical conditions and not future ...

Inmate Rights

Inmate Rights and Prisons Part 1: Supreme Court decisions Helling v. McKinney (91-1958), 509 U.S. 25 (1993). A Nevada state prisoner McKinney filled a suit against prison officials claiming that his uncontrolled exposure to environmental tobacco smoke (ETS) from his cellmates violated the Eighth Amendment. He argued that the second hand smoke from some of his cellmates especially one who smoked five packs a day presented unreasonable risk to his health, therefore subjecting him to cruel punishment (Supreme Court Media 2014). At the time, the Eighth Amendment “deliberate indifference” only applied to current medical conditions and not future ...

The case is between Kennedy v. Louisiana when Kennedy raped a child who was lucky enough to be alive. Kennedy happened to rape his own step daughter which led him to being sentenced to death. Kennedy, the petitioner had just got home but found out that the daughter had been raped and decided to call the police. He narrates the story that he had escorted his son to school only to find his daughter in the yard bleeding. He goes ahead to reveal his perceived suspects who were two boys who were just from around their residence (Melusky, Joseph, and ...

Introduction

The purpose of this study is to determine the deterrent effect of the death penalty or capital punishment in the commission of future crimes. Most of the criminal experts believe that the justification for the imposition of the death penalty against criminals should be for retributive grounds and to make the criminals suffer the consequences of their actions. Thus, when a person kills another, the retributive effect of capital punishment or the death penalty is take the life of the murderer (Radelet & Akers, 1996). The main reason for the imposition of the death penalty is to discourage the murderers to ...

Introduction

The term “euthanasia” has been dubbed as a form of “mercy killing”, which can be accomplished by doing a particular act which is unlawful or by some act of omission that is considered as lawful. Euthanasia and physician-assisted suicide (PAS) had become the most talked about controversial issues around the world. Euthanasia is referred to as the administration of drugs with the explicit intention of terminating the life of the patient at his or her explicit request (Siu, 2010, p. 169). On the other hand, the physician-assisted suicide or “PAS” is recognized as the act of prescribing or supplying of drugs ...

Introduction

The Brown v. Plata case was a lawsuit brought before the US Supreme Court with allegations of serious violations of the rights of prisoners due to inadequate mental and medical health care. The US Supreme Court approved the decision in 2011 that made it mandatory for prisons to hold the court-mandated limit of prisoners (Cornell University Law School). The decision was passed to avert the violation of the constitutional right of prisoners under the Eighth Amendment. The case was a consolidation of two-class action cases leveled against the then California Governor. The petitioners argued that the California prison system violated the ...

- What theory or theories of crime best justifies or justify the imposition of capital punishment There are several legal theories that justify capital punishment in many jurisdictions. In such a punishment, the state puts one to death as a punishment for the crimes they may have committed. Legally, only capital offenses can attract capital punishments. The death sentence has always elucidated various reactions from the public, with some opposing it, and others support it. For instance, as of 2014, only 58 nations in the world actively practiced this punishment. 98 countries have so far abolished the punishment because it ...

Introduction

The execution rate reached its peak of 98 executions in1999 after the Supreme Court has restored the imposition of capital punishment in 1976. However, there has been a significant change thereafter, since there was a downward trend in the executions due to the fact that there are some high-profile cases involving death row inmates, who had been acquitted after undergoing the DNA testing. According to the report of Christian Century, even though the number of the death row inmates who were executed in the year 2012 remained unchanged at 43 since 2011, the opponents of death penalty argued that the capital ...

[Professor’s name appears here] [Date appears here]

Death penalty Methods & the Eighth Amendment: An Introduction The American Congress or any state legislature may lay down the death penalty for a convict, as a result of murder and other heinous offenses. The US Supreme Court noted that the capital punishment is not a breach of the US Eighth Amendment; however, it outlined some practical features concerning when a judge might apply the capital penalty and how it must be performed. Due to the Fourteenth Amendment's Clause, the Eighth Amendment is pertinent against the US states, and the federal government. Eighth ...

Capital Punishment

Capital Punishment is the highest form of punishment wherein the law offender who was accused of committing grave offense will be convicted and faces death as a penalty of the crime. Many convicted felonies are on death row and just waiting for their sentence to be executed. The Capital Punishment is legal in some of the States and not being implemented country-wide. The capital punishment, also known as death penalty, has different execution method as well as crimes subject for each State, which have also been changed through the years. The capital punishment in The United States has some degree ...

Thesis statement

Death penalty, being preserved within the U.S. legal system, has repeatedly become a highly controversial subject in terms of international law-, the U.S. statutory and case law- and ethics-related discourses. For the purposes of future discussing this issue, we would like to state that, in my mind, preserving death penalty in the U.S. system of punishments contradicts international legal and ethical norms. To be more precise in legal terms, death penalty is the punishment, aimed at taking away person’s right to life, which is considered to be most important basic human right.

The issue

In the U.S. the usage of death ...

Criminal Law

Abstract This paper will provide a personal response on capital punishment and its relationship for deterring crime. At the same time, there will also be a discussion on the ethical issues concerning the imposition of death penalty in relation to the Constitution. The standpoint of United Nations Committee and anti-death penalty movements will be presented as well as the discussion on the causal link between imposing death penalty against the defendants and its ability to diminish criminality in society. The recognition of the right to equal freedom and respect for human rights by adopting less restrictive means to achieve the ...

The processes involved while handling felony criminals is a safe guard against the criminals, and the processes also helps with willful treatment of the suspected criminals. The processes are specifically designed to impose the constitutional rights of the suspected criminals and the defendants. The process starts from the police contact with the suspected criminal, arrest of the suspected criminal, investigating the crime, trial of the suspected criminal, sentencing and finally the appeal. The major constitutional provisions that regard the criminal procedures are found in the fourth, fifth, sixth and eighth amendment of United States’ constitution (Scheb & Scheb, 2013). The ...

Sentencing guidelines in the United States are complex and varied, depending on the type of crime that the individual committed. Usually, sentencing guidelines are concerned with felonies and more serious misdemeanors (“2010 Federal Sentencing Guidelines Manual,” 2010). Usually sentencing guidelines are given when the individual who has committed a crime has been convicted of a Class A misdemeanor or higher-- that is, they have committed the highest possible class of misdemeanor, or they have committed a felony. When an individual commits a crime that carries more than one year of jail time as a mandatory sentence, they have committed a felony (“2010 Federal Sentencing Guidelines ...

Short and Long-Term Policies: Prisoner Overcrowding 3

Prison Overcrowding Reduction Policy Stakeholders 4 Prison Overcrowding Reduction: Short-Term Goals and Solutions 5 Prison Overcrowding Reduction: Long-Term Goals and Solutions 8 Creation of Jail Capacity Management Boards and Oversight Committees .8 Alternatives to Incarceration .9 Private For-Profit Prisons 11 Conclusion 12

References .13

Short and Long-Term Policies:Prisoner Overcrowding Overcrowding in jails and prisons is a complex problem that is difficult but imperative for the nation to solve. The United States has the highest rate of incarceration in the world; while countries similar to the U.S. have an average rate of 100 prisoners per 100, ...

Constitutional Standards

Deliberate indifference refers to act that is more than mere negligence but one that is less than a specific intention to harm inmate or inmates. It also refers to an act of reckless behavior without considerations of the consequences of one's actions. For prison officials to be accused of deliberate indifference, they must have prior knowledge towards the security status of an inmate, and they fail to act upon discovering that an inmate’s security is under threat and facing substantial harm. Failing to take steps to overcome this is an act of deliberate indifference. Some inmates may require particular ...

Graham was sentenced to life imprisonment without parole. Thirteen jurisdictions do not allow life without parole sentences for juvenile offenders convicted of non-homicide crimes. Thirty-seven jurisdictions permit sentences of life without parole for a juvenile non-homicide offender under certain circumstances. The Supreme Court held that sentencing a juvenile to life imprisonment without parole for a non-homicide crime violates the Eighth Amendment.

Key words: actus reus, mens rea, concurrence, accomplice liability, criminal liability, Eight Amendment, Cruel and Unusual Punishment, jurisdiction,

Graham v. Florida 560 U. S. ____ (2010) Terrence Graham, at age 16, was arrested for attempted armed robbery and armed burglary with assault and battery. The Florida trial court sentenced him to probation and withheld adjudication of guilt. ...

One definition of morality is “The quality of being in accord with standards of right or good conduct” (thefreedictionary). The decency of capital punishment is a largely disputed subject and one that tends to polarise people’s views. However, in 2012 and in a leading civilised nation such as the U.S. it is arguable that there can be no circumstances in which sentencing a person to death is acceptable. America is known around the world as being a well-respected, leading democracy. The act of punishing people by death is an ancient one; it is also one that no longer has place in society. ...

I. Introduction

It has been a long standing debate for over thousands of decades whether or not imposition of capital punishment is an effective means to deter commission of crimes. Advocates of capital punishment or death penalty makes reference to the biblical passage from Exodus 21:23-25, “An eye for an eye, a tooth for a tooth, a hand for a hand, a tooth for a tooth,” which means that for every wrong done, there must be a compensating measure of justice. While on the other hand, the group who believes that capital punishment is severe, degrading, inhuman, brutal and cruel sentence, and it is only God who is the ...

Ethical Arguments Against Capital Punishment

Morality can be defined as “The quality of being in accord with standards of right or good conduct.” (thefreedictionary).

The morality of capital punishment is an heavily contested issue and one that often polarises people’s views. However, in 2011 and in a leading civilised nation such as the U.S. it is arguable that there can be no circumstances in which sentencing a person to death is acceptable. America is known around the world as being a well-respected, leading democracy. The act of punishing people by death is an ancient one; it is also one that no longer has place in society.

...