Cruel And Unusual Punishment Case Study

The student does not have the right to decide his punishment. The school official in

He could say whatever he wanted and that would be protected. But the school could also punish him how they saw fit. They also ruled that his due process rights had not been violated because he had no way of knowing whether or not he would be getting in trouble for his actions due to the school's code of conduct not needing to be as detailed as a criminal code of conduct. I believe that in this instance they made the right decision due to the fact that their reasoning makes sense. The first amendment gives citizens the right to say what they wish and have any opinion that they wish. It does not say that it will protect us from the punishments we may receive by voicing these opinions in an inappropriate way. As for his due process rights, he really had no way of knowing what course the school would take in punishing him, therefore no due process rights could be applied because the code of conduct at the school was not detailed enough for it to work in that

Citizens in America are born with a various amount of rights. One of these rights include the freedom of speech and expression. However, school administrators have the ability to restrict a student’s expression. The Supreme Court Cases ‘Bethel School District v. Fraser’ and ‘Frederick V. Morse’ gave schools the right for the administrators to discipline children when they see fit. Students should be able to express themselves in any way without fearing that their school administrators will discipline

David Figueroa Eng. 101A Professor Stern 4/20/15 Final draft In conclusion, in discussions of torture, one controversial issue has been on the use of it. On one hand, the people against torture argue that it is cruel and unusual punishment. On the other hand, those for torture argue that it should be used for the greater good. Others even maintain that under extreme circumstances, it may be admissible if it can save American lives. My own view is that no one should be subjected to cruel punishment because it is not only illegal, unreliable, ineffective, time consuming, it also has too many flaws that could potentially ruin innocent lives. The definition of torture is any act, whether physical or emotional, or maybe both, is intentionally subjected to a specific individual or a group for many reasons. Most of these reasons that torture is administered is for extracting information from an individual or just for punishing him/her for a crime that he/she has committed or is suspected of committing. The use of torture can be used to intimidate a person to give information that may be beneficial for a nation. The use of torture has been used for many centuries. The purposes of using torture have changed over the years as well as the methods in which a person is tortured. One crucial piece that has been established that separates us human beings from barbarians is the prohibition of using torture. There are many reasons why torture has been deemed a crime now in society. There are

The death penalty was established as a form of punishment as far back as the 1600's. There are many controversial issue's in our world today whether it goes against our civil rights or not. As of today there are thirty-two states who still allow the death penalty and seven states who have completely abolished it ( Norton,W.W.& Company, Inc 115.) Even though the use of the execution has gradually decreased, there have still been many cases in the past years that states have still used it. At one point there was a time the Supreme Court ruled the death penalty unconstitutional, but after a couple years the court allowed states to bring back the death penalty. The courts have struck down many laws where states have tried making it mandatory in

The Eighth Amendment The 8th Amendment to the Constitution of the United States prohibits cruel and unusual punishment, as well as the setting of excessive bail or the imposition of excessive fines. However, it has also been deemed unconstitutional by the Supreme Court of the United States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances. The 8th Amendment stipulates that bail shall not be excessive. This is unclear as to whether or not there is a constitutional right to bail, or only prohibits excessive bail, if it is to be granted. The Supreme Court has never directly addressed this interpretation problem, because federal

The majority opinion leaned towards letting the 4 petitioning kids, seeing that in a multitude of court cases before showed similar conduct. An example of such was the case West Virginia v. Barnette, where students in the public school system are not held to salute the American flag. “The Fourteenth Amendment, as now applied to the States, protects the citizens against the State itself and all of its creatures- Boards of Education not excepted. These have, of course, important,

The families of the students filed suit in the District Court stating that their First Amendment rights were violated. The case went before the District Court and was appealed to the Supreme Court. The families sought for nominal damages as well (Tinker v. Des Moines Independent Community School District

At first the District Court dismissed the complaint and ruled in favor of the school authorities’ action saying it was reasonable in order for them to prevent disturbance in classrooms. The case was appealed and brought to the United States Court of Appeals for the Eighth Circuit where they also agreed with the District Court rulings and ruled in favor of the school authorities.

The act of the School District in suspending the students clearly showed a serious impediment of the Free Speech Clause of the First Amendment and the Due Process Clause of the Fourteenth. All students who petitioned were quiet and passive, neither disrupting nor interfering with school activities and the rights of other students—which makes their symbolic speech protected under the Constitution. What the students were protesting against accounts for their expression of opinion, which is again protected under the First and Fourteenth Amendments. Since this case, the Supreme Court has issued decisions that have given school administrators more power to regulate student conduct. Nevertheless, the Tinker decision changed the way students seek to exercise their First Amendment rights

Unquestionably, Morse et. al. v. Frederick (2006) argues “[…] the school punished Frederick without demonstrating that his speech threatened substantial disruption” (Morse et. al. v. Frederick, 2006, p. 1). This argument from Morse et. al. v. Frederick (2006) demonstrates that court recognized it was a First Amendment violation on the school. However, Morse et. al. v. Frederick (2006) provides the decision from the Supreme Court stating “[…]

In the United states, history is very important to us, thus accuracy is very important to find the accuracy of a statement, someone could prove or disprove it. NightJohn is a story about slaves on a plantation set in around the 1850’s where slavery was in its prime in America, it tells the story of a small slave girl named Sarny and a slave named John who knows how to read. The obstacles and events in NightJohn are directly authenticated by other documents correlated with the subject of slavery in the fields of; unnatural and unusual punishments, harsh restrictions, and the desire to learn.

Justice Brennan concurred. It was argued that the cruel and unusual clause was not used properly and consistently. That the clause must evolve along side with the society and ever changing human standards. The clause prohibits “infliction of uncivilized and inhuman punishments” and the state, when punishing an individual must follow the basic human values and not exceed them (O`Brien, 1258).

Child punishment is an extremely controversial topic in America and the parenting sphere. A particular point of contention is whether or not it is effective parenting to hit children when they misbehave. There are arguments on both sides; those against it say it could turn the children into revengeful individuals. While those in favor of this form of child punishment mostly argue that they are emulating the way they were raised. Recently the subject has reemerged when the NFL suspended Minnesota Vikings Running Back Adrian Peterson for punishing his child by hitting him with a switch. The case gained national attention and sparked debate despite Peterson escaping any real punishment after reaching a plea agreement in Texas. Peterson and his supporters argued he had the right to strike his child and raise him the same way he was raised, while much of the country was appalled by his actions. His punishment came in the form of a yearlong suspension from football. Where parents and guardians can be subject to legal punishment if they hit their children, teachers in some states are protected under the constitution. Which in theory could spark a Peterson type debacle for the American media and public. The Supreme Court Case Ingraham vs. Wright in 1977 declared that the 8th Amendment’s prohibition of cruel and unusual punishment did not exclude corporal punishment in public schools. Additionally the 14th Amendment’s due process clause does not require

In the case of Goss v. Lopez, 419 U.S. 565 (1975), the plaintiffs Dwright Lopez, Carl Smith and Betty Crome from Columbus, Ohio were suspended from Central High School and McGuffey Junior High School for ten days without a hearing. There were nine students including Lopez, Smith and Crome came together and claimed they were innocent, they denied any misconduct and went to Southern Ohio District Court. They argued that that the school violated their Fourteenth Amendment rights to due process (hearing). The due process law is related to the Fourteenth Amendment meaning that each person has ledge rights to have a fair notice and opportunity to be heard before any processing. At the time