Kennedy vs. Louisiana: A Case Study

The 8th amendment states, “ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Which brings me to the case of Thompson vs. Oklahoma. The debate is on whether or not capital punishment should be given to minors. On one hand, some may argue that Thompson should have been charged with capital punishment because “his acts were heinous and cruel” (Pearson Prentice Hall: n.d.). On the other hand, others such as Oklahoma argue that it is a violation of the 8th amendment under “cruel and unusual punishment.” This creates the argument of Thompson vs. Oklahoma.

The Eight Amendment entails that every penalty inflicted by the government be in proportion with the crime entrusted by the defendant. Penalties that are unreasonably inconsiderate will be turned over on petition. For instance, punishments that have been turned over for being irrational are two Georgia (Coker v. Georgia, and Eberheart v. Georgia) decrees that ordered the death penalty for rape and kidnapping. According to the Supreme Court, the Eighth Amendment prohibits some penalties completely, and prohibits some other penalties that are extreme when evaluated to the offense, or to the capability of the performer. The U.S. Supreme Court interpretation of 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

The Eighth Amendment was tested through many Supreme Court and there were some very significant ones such as the Miller v. Alabama. The no cruel or unusual aspect of the Eighth Amendment gives protection of undeserving or unreasonable punishment to a citizen that commits a crime. As Supreme Court cases regarding the Eighth Amendment open and closed the meaning of no cruel or unusual punishment changed; the sentencing of death is not considered cruel and/or unusual to a suspect that is mentally insane this aspect of the Eighth Amendment is important to the wrongfully accused people that are sentenced something for a crime that they did not commit. A significant

The eighth amendment helps letting americans not have to go through unusual and cruel punishments. “It is not just criminal sentences themselves that are subject to the cruel and unusual test; the Eighth Amendment’s cruel and unusual provision has been used to challenge prison conditions such as extremely unsanitary cells, overcrowding, insufficient medical care and deliberate failure by officials to protect inmates from one another,” (“Eighth Amendment,” Annenberg Classroom). This site explains and breaks down the eighth amendment. It becomes apparent that this amendment helps protect the people from usual and cruel punishments. There are specific examples to a cruel and unusual punishments. “Cruel and unusual punishment includes torture, deliberately degrading punishment, or punishment that is too severe for the crime committed,” (Dictionary.com). This is a basic understanding for how we can make sure to stay away from these types of punishments. One of the biggest oppositions or conflicts with the eighth amendment there is is the death penalty. The question that comes from it is whether or not the death penalty can be considered a cruel and unusual punishment. “Eighth

The Eighth Amendment to the U.S. Constitution limits the punishments that may be imposed by the government on American citizens. These limits are compulsory among the states by way of the Fourteenth Amendment. The English Bill of Rights of 1689 expressed concern with arbitrary and disproportionate sanctions, giving way to the Founders inclusion of the prohibition against cruel and unusual punishment. To explore the Eighth Amendment it is important to consider constitutionally accepted punishments, the ever-evolving practice of capital punishment, and eighth amendment protection inside prison walls.

The Eighth Amendment to the U.S. Constitution, sanctioned in 1791, has three arrangements. The CRUEL AND UNUSUAL PUNISHMENTS CLAUSE confines the seriousness of disciplines that state and governments may force upon people who have been indicted a criminal offense. The Excessive

In 2001, 15 years old Columbus, OH resident Brandon Moore along with another teen kidnapped robbed and raped 22 year old woman. The woman was abducted as she arrived for an evening work shift and was repeatedly raped at gun point before being released. Brandon was tried as an adult and convicted of armed kidnapping, robbery and gang rape in the 2001. Moore now 29 received multiple sentences in total of 112- years in prison in 2008. Couple weeks ago Moore’s lawyer argued that a 112-year prison sentence imposed on a convicted rapist should be overturned because it amounts to an unconstitutional life term for crimes he committed at age 15.

In the case of Corker v. Georgia, 433 U.S. 584, (1977)., we see that there are questions asked and answered concerning the sentencing of sexual offenders that have been found guilty of their criminal charges (Brody and Acker, 2010). In this case, we see that United States Supreme Court examined the use of the utilization of the death sentence in non-capital murder cases that involved brutal rapes that have a history of felony criminal convictions. These questions that are raised by Corker v. Georgia to the Supreme Court what is the degree of violence and the history of the offender justify the death sentence, does the 8th Amendment provide protection to those that have committed criminal activity but did not commit the crime of murder during their offence, and what would be a just sentence for those that have a violent felony history that commit the criminal act of rape of an adult (Brody and Acker, 2010).

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).

Moving to chapter three Kennedy continues his focus on ways the legal system has discriminated against blacks but takes a closer look at how they are deemed to be suspects, defendants, and convicts because of their skin color. In other words, he brings attention to the history of unequal enforcement, meaning certain activities were considered as criminal if engaged by a black enslave and made slaves criminals. Beginning with the laws that criminalized slaves behavior which were perfectly legal if executed by whites. For example, making loud noises, learning to read, assembling to worship, defending one’s family members from physical abuse, and smoking in public. As a result, once they were labeled as a criminal, slaves could be subjected to

The legal question raised by the facts was “Do states the states violate the Eight Amendment's ban on cruel and unusual punishment by imposing the death sentence for the crime of child rape?” The answer was yes. By applying the death penalty in such a case would be an exercise of "cruel and unusual punishment" in violation of a national consensus on the issue. Justice Anthony Kennedy stated the opinion in which the court focused on. Justice Samuel Alito, joined by Chief Justice John G. Roberts and Justices Clarence Thomas and Antonin Scalia, dissented. In his view, no national consensus existed prohibiting the death penalty in this case, and he vehemently opposed the majority's application of a "blanket rule" barring the death penalty in child

First, in the case of Roper v. Simmons, the question was whether minors could be sentenced to execution and whether this was a violation of the Eighth Amendment of the Constitution. To use this particular case as a relevant example, first, a general background is needed. Simmons was sentenced to death at the age of seventeen, he was considered mentally disabled by the Supreme Court, and due to the overwhelming opinions of societies views on this particular topic, this case was reconsidered. When the opinion was delivered, a 5-4 ruling was handed down by Justice Anthony Kennedy. The majorities’ opinion was that when it came to the death penalty, this was a significantly disproportionate sentence. Also, the public’s thoughts were taken into consideration as well. This was reflected on and determined to be a dated ideal, and in turn, a violation, and proved to be cruel and unusual (Roper v. Simmons, n.d.).

The first established death penalty laws date as far back as the Eighteenth Century B.C. in the Code of King Hammurabi of Babylon, which codified the death penalty for 25 different crimes ("History of the Death Penalty" 1). Executions back then relied on more torturous methods without regard to the executed. As the use of the Death Penalty was issued out, its popularity spread throughout the neighboring countries and has become more refined for modern use. In June of 2004, “New York’s death penalty law was declared unconstitutional by the state’s high court” (“History…” 3). Between the early 1950’s and late 1970’s, the death penalty became suspended for going against the constitution, only to get reinstated after the brief pausing period. Having to take a pausing period to consider options for taking a human life merely demonstrates how confused and undecided the supreme court can be when it comes to choosing the route of convicts. According to the Bureau of Justice, before the Kennedy v. Louisiana case of 2008, in Texas, “..the only other penalty punishable by death besides murder is the rape of a child under 14..” (“History...” 16). No convictions have happened since establishment, yet the supreme court finds it okay to take a human life despite the convict not taking one themselves. While rape is punishable by multiple years or sentences depending on severity in Texas, deciding to take the life of a human being when no murder has been conducted shows how unfairly a court

In 1977, the US Supreme Court found that the Eighth Amendment, which prohibits cruel and unusual punishment, did not apply to