Cruel and Unusual Punishment Clause

3215 Words Mar 29th, 2016 13 Pages
FINAL EXAM
Course Name:
________________CRIMINAL LAW CLJ2100________________

School Name:
_____________PALM BEACH STATE COLLEGE___________________

Any words, works, or statement are solely my own,
And I shall not cheat, take another words, plagiarize or commit any violations of this course, this Professor’s rules, or the University’s Policies,
Otherwise seek the consequences of a failure and possible suspension or expulsion.

1

Explain the Eighth Amendment (Cruel and Unusual Punishment Clause).
The Cruel and Unusual Punishment Clause can be found in the English Bill of
Rights in 1689 and later adopted by the Eighth Amendment to the United States
Constitution in 1787. The phrase describes “punishment which is considered
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Crimes that interfere with the activities of the federal government (fraud byuse of the U.S. mail, robbery of federally insured banks, violation of federal income tax laws, attempted overthrow of the U.S. government). But the federal government would also have jurisdiction of criminal homicide if: a) special maritime and territorial jurisdiction b) death resulted from terrorism c) the victim is the President of the United States or Vice President d)the victim was engaging in performing federal function etc (Gardner, 2009). It was in 2004, when the Supreme Court decided on two cases that involved people detained by the US military. The Court held that the U.S. citizen held by the US Military in Virginia as an alleged enemy combatant could be detained, if it was determined that he was in fact an enemy combatant (Hamdi v Rumsfeld, 2004).
3) List the circumstances that permit the government to regulate speech based on content? Freedom of Speech. It is our First Amendment and yet easily the most litigated and confusing of them all. What does the First Amendment REALLY say about our right to speech? Is it an absolute right?
Well, yes and no.
Cornell University, Legal Information Institute online has some great information on the First Amendment. First off, it has a copy of the actual amendment that states:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the
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