Cruel And Unusual Punishments: Tropp Vs. Far

This case decision would be another example of the application of the Fourteenth Amendment, which allowed the Bill of Rights to applied to the states as well as with the people of the states. The Eighth Amendment would also play a big factor into the case. The Eighth Amendment defines “cruel and unusual punishment” as well preventing the use of such punishment for criminal offenders. This case would play add another layer to the Eighth Amendment, as it now stretched towards protecting underaged felons from suffering punishments deemed cruel and

A claim that prison officials used excessive force on an inmate and thereby inflicted cruel and unusual punishment in violation of the Eighth Amendment involves both objective and subjective elements. Stanley v. Hejirika, 134 F.2d 629, 634 (4th Cir. 1998). The objective element of the analysis requires a determination of whether the defendants’ actions offend contemporary standards of decency. Hudson v. McMillian, 503 U.S. 1, 8 (1992). To answer this question, the Court weighs the need for the application of the force, the relationship between the need for the use of force and the amount of force used, the extent of the injury inflicted, the extent of the threat to the safety of staff and inmates as reasonably perceived by the defendants and any efforts made to temper the severity of the use of force. Whitley

We repeatedly hear politicians referring back to the Constitution to affirm their point, it was a political document in the 18th century and it continues to be one now. One of the reasons that the Constitution continues to be successful, is because of the vague language that allows a variation of interpretations. There are many parts of the Constitution that sound outdated, thus it can be difficult for it to apply to the 21st Century. However, we should not change the document, we should instead apply those words to our lives today. As David Savage, a Supreme Court reporter clarifies “And then there are phrases like cruel and unusual punishment. It seems to me that phrase almost asks judges or justices to think what's cruel and unusual punishment today? The fact that someone could have been put to death in the 1700s, the 1800s, for a theft, even if the person was 12 years old or 15 years old, how many people would think that that is not cruel and unusual punishment today, to execute a 12-year-old?” (Savage, Is The Constitution A Living Or Dead Document?)

Article 12. No person shall be subject to cruel or unusual punishment. (U.S. Const. amend. VIII. 1791.)

The prohibition against cruel and unusual punishment largely concerns itself with disproportionate and arbitrary punishments imposed by the government. “The Court has repeatedly emphasized the Eighth Amendment’s expansive and vital character and its capacity for evolutionary growth.” (Kanovitz, 2010) Cruelty is interpreted as actions that oppose current standards of decency. As public opinion grows and changes these standards are apt to change. The vague wording of the Eighth Amendment allows room for the opinion of what punishments are acceptable to adapt to modern times.

The supreme court made a ruling that determined that one’s punishment must be equal to the crime committed due to the eighth amendment that prohibits cruel and unusual punishment. “The Court has attempted to simultaneously satisfy its moral inclinations and the text of the Constitution, but these efforts have resulted in an inconsistent and confusing Eighth Amendment Punishments Clause jurisprudence” (Ryan, 2010, p. 569).

Even though these individuals are criminals, their basic rights to food, bedding, and other necessities are to be met. By placing these men in solitary confinement for reasons that do not warrant isolation, this constitutes cruel and unusual

held that the U.S. citizen held by the US Military in Virginia as an alleged enemy

My case is about a junior in high school and he calls a trial for cruel and unusual punishment. James Ingraham was a 8th grader at the time he was beat by the school principal with a paddle. He was paddled without any hearing that he was being punished and was hit 20 times and needed medical attention afterwards. During his beating, he was held down by the assistant principal, Lemmie Deliford, and by an aid, Solomon Barnes. This situation was relatable to another student named, Roosevelt Andrews, who was also paddled without any warning that he was being punished. They are fighting in court that it was cruel and unusual punishment and students should get a warning before getting punished. The students are fighting against the school for cruel

An Impassioned Debate: An overview of the death penalty in America depicts the facts about the eighth amendment. The eighth amendment is the prohibition on cruel and unusual punishments (Masci 1). There are two significant cases that have inflamed the debate over the capital punishment, The Baze v. Reese case, and the Kennedy v. Louisiana case. The first case reveals the strong debate that the execution by lethal injection is inhuman and in violation of the eight amendment. The second case inflamed the

In the United States Constitution, the 8th Amendment prohibits the use and practices of cruel and unusual punishment. What exactly is considered to be cruel and unusual punishment? This question is a hot topic among America's many different current controversies. Many people are saying that the use of capital punishment (to be sentenced to death as a penalty in the eyes of the law [a capital crime]. An execution [capital punishment]) is a direct violation of the 8th Amendment to the Constitution of the United States (Capital Punishment). They say there should be another way to deal with these criminals other than having them executed. The purpose of this paper is to give a brief history of the death penalty

For thousands of years, punishment for crime has been met with several different styles of execution. In 1976, the United States government reinstalled the death penalty four short years after having banned it claiming that it "violated the Constitution 's ban on cruel and unusual punishment" (MacKinnon, "Ethics" 289). Since 1976, the morality of execution as just punishment has been a highly discussed topic. The death penalty is not morally permissible because dissolving one 's basic human right to life is wrong.

Moreover, the United States Constitution forbids any punishment that does not fit with the crime the offender has been accused of, especially if it is cruel and unusual (US Const. Amend. VIII). The roots of this amendment can be found within the clauses of the Magna

I know that it is in the eighth amendment that prohibits cruel and unusual punishment, and I can’t think of a greater punishment for a crime than death, but I believe that exceptions should be made.

The cruel and unusual punishment provision is that the law must treat all criminals with dignity even the most despicable ones. Any sentence that is taking lives instead of rehabilitating is "cruel" and "unusual" and infringes the decency of society. The corrections system helps rehabilitate inmates through individual or group counseling about the cause of incarceration. They train them with suitable skills programs, such as how to prepare a job application and to interviews, and the importance of maintaining a steady employment to support family responsibilities. They help the inmates through educational programs to achieve a higher education while in prison and to succeed economically and live a healthier lifestyle outside of prison. The corrections system hopes with new skills incorporated; they will be able to be more productive. Keeping them engaged with medical and psychiatric treatment will keep them mentally stable for their reentry into the community.