CJ 112 Module Three Assignment

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Southern New Hampshire University *

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112

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History

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Dec 6, 2023

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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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