CJ 112 Module Three Assignment
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School
Southern New Hampshire University *
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Course
112
Subject
History
Date
Dec 6, 2023
Type
docx
Pages
3
Uploaded by liresh83
CJ 112 Module Three Assignment Template
Complete this template by replacing the bracketed text with the relevant information.
Prompt
Student Response
Amendment:
Choose the Fourth, Sixth, or
Eighth Amendment
Amendment: Eighth Amendment
Summary:
In 100–150 words, summarize the
amendment you chose. Be sure
your summary includes all rights
given to citizens in that particular
amendment.
Summary: The eighth amendment was petitioned by George Mason and Patrick Henry,
proposed to Congress by James Madison, and then approved and added to the Bill of Rights on
December 15, 1791. It applies to state and federal law. dIt protects American citizens accused
of a crime by prohibiting the government from imposing excessive bails without reasonably
calculation; the imposing of excessive fines without due process is not allowed especially if it
prevents them from defending themselves; no cruel and unusual punishment shall be inflicted,
and a test is performed to make sure punishments are not humiliating, are arbitrary, and
rejected by society. Examples of punishments such as torture or death penalty; no minor will
be executed, and lastly, the execution of handicap people is not allowed.
Citizens’ Rights:
Identify a real-world example of
where citizens’ rights under the
Bill of Rights may not be
guaranteed. (Clearly explain where
citizens’ rights could conflict with
the intention of criminal justice
professionals to ensure safety.)
Citizens’ Rights: In the case of the City of Columbus vs. Freeman the citizens’ right to not
excessive bail was not guaranteed. As the highest bail ever set in the U.S. at $1 billion, in
2005, Kim Freeman was arrested along with her codefendants for operating a brothel in
Columbus, Ohio. The prosecutor asked for a high bail fearing that she was a flight risk due to
her ties to Asia. Even though she hadn’t committed a violent crime, the judge agreed with the
state.
Prompt
Student Response
Professionals:
Identify three to five examples of
how the specific rights given to
citizens in your chosen amendment
might potentially restrict the
actions of professionals in the
criminal justice system.
Professionals:
Cruel and Unusual Punishment- Weems vs. United States (1910)
American Coast Guard and Transportation officer, Paul Weems, was charged with crimes
committed while he served in the Philippines. He was charged with falsifying official
documents with the aim of defrauding the government, convicted, and sentenced to 15 years in
prison and hard labor plus a cash fine of 4,000 Philippine pesos. His attorneys took the case all
the way to the U.S. Supreme Court, stating that Weems was not present at his Philippine trial
and the sentence constituted cruel and unusual punishment because the defendant was chained
by the ankle or wrist throughout his incarceration. The Supreme Court reversed the Philippine
court’s judgment.
Capital Punishment- Furman v. Georgia (1972)
Burglar William Henry Furman was sentenced to death for the murder of a woman during a
burglary. He argued the death was an accident and the severe sentence was because he was
African American. Not only the U.S. Supreme Court agreed with him and changed his
sentence to life in prison, but all death sentences at the time were reduced to life in prison and
the death penalty laws were redefined.
Cruel and Unusual Punishment- GRAHAM v. FLORIDA
Argued November 9, 2009—Decided May 17, 2010
Graham was 16 when he committed armed burglary and another crime. Under a plea
agreement, he was sentenced to probation and withheld adjudication of guilt. Later, it was
found that Graham had violated the terms of his probation by committing additional crimes.
The trial court decided to find him guilty of the earlier charges, revoked his probation, and
sentenced him to life in prison for the burglary. Due to the abolishment of the parole system,
Graham was left with no possibility of release except executive clemency. He challenged his
sentence under the Eighth Amendment’s Cruel and Unusual Punishments Clause, but the State
First District Court of Appeal upheld. Juvenile offenders cannot be sentenced to life in prison
without parole for a nonhomicide crime.
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