1. The Eighth Amendment prohibits punishments that are no longer acceptable to civilized society and referred to as "cruel and unusual punishments." Discuss the history and reasoning of this Amendment and comment on the views of the Supreme Court and conclude the response with court case examples and their decisions.. 1. The U.S. Supreme Court has identified cruel and unusual punishment into two categories: barbaric punishments and disproportionate crimes. Barbaric punishments are punishments that society does not see as acceptable today.
The case of Graham vs Florida cleared out any confusion about the LWOP. When Terrace Graham was 16 years old, he was convicted of armed burglary and attempted armed robbery. He served a 12 month sentence and was released. Six months later, Graham was tried and convicted by a Florida State Court of armed home robbery and he was sentenced to life in prison without parole. On appeal, he argued that the imposition of a life sentence without parole on a juvenile violated the Eighth Amendment and moreover constituted cruel and unusual punishment, and that violated the Eighth Amendment.
In retrospect she should be compensated for the damages done. Douglas Wigdor the plaintiffs lawyer said, “Rape denial is just another form of the toxic gender discrimination that is endemic at Uber and ingrained in its culture,” (NewYorkTimes.com). Rape accusations shouldn’t be taken lightly. For Mr. Alexander and the others involved, to indicate the plaintiffs motives were to increase a rivals company with malicious lies were inaccurate and heinous. The crux in this case is the intrusion of private medical records from a sexual assault.
1. Gideon’s sixth amendment under the constitution was violated which stated that requires the state courts to provide attorneys to criminals who cannot afford their own. The Supreme Court ruled that Gideon’s amendment was violated. Though his offense was serious he was still supposed to be allowed to have someone to defend him it was one of his rights. The Court stated that the states were to follow the sixth amendment of someone because under the fourteenth amendment “Due Process Clause” applies the main points of the bill of
But in today’s world the laws have changed and too many victims are coming out, and some are afraid to speak to up. Ever since Bill Cosby had been accused of drugging multiple women, there are other women that are coming out and accusing other celebrities of sexual harassment. The narrator J.T. O’ Donnell Also suggest that “Learning how to work with coworkers without the risk of getting accused of sexual harassment is not hard” (Donell). When females are in a work environment, they must be cautious and be able to conclude themselves, so they want fall victim of sexual
Allowing a transgender student to play sports with the gender they identify with may open them up to rape, molestation, and injury and so they should not be granted this fundamental right. This point is similar to another reason as to why transgenders should also not be granted fundamental rights- it allows certain individuals to claim they are transgender so they may physically harm those in gender specific areas. Public bathrooms or locker rooms are designed for either females or males in order to keep the rate of rape and molestation down between the genders. Suppose a man or woman enters a gender specific facility that is opposite their own and causes harm to you or one of your loved ones. Justice would not be entirely served against that person because they can simply state the claim “I am a Transgender”.
Most of the time, females are disregarded for being able to be a sexual predator just for the fact that they are women. Females are not seen as powerful enough to be able to commit sexual offense. They are seen as It is also assumed by society that if a female commits a sex crime that it was wanted by the victim because older females are seen as someone to try and seduce. Also, males are easily able to be tried for sexual assault crimes because of how the law explains sexual assault. These laws can be tricky to apply to females because of the fact that females cannot “penetrate” someone else
Many people may not report counts of sexual assaults to police; however, they are seeking relief from consulting organizations. According to the Regina Sexual Assault Centre, concerns of how police investigate sexual assault are directly the result of the consistent underreporting of sexual assaults(Latimer, 2017). Furthermore, the way police handle such delicate cases has come into question. A lack of faith in an authority figure can make is very difficult for victims of sexual assault to report the crime. This lack in faith is reinforced by the unlikelihood of convicting the attacker.
The M’Naghten Rules laid down in the House of Lords judgement form a rough guideline and subsequently, legal insanity is contingent on the cognitive powers of the accused to understand the consequences of his/her actions. It thus, diverges from the medical definition as mentally ill people may meet the minimum threshold of rationality that legally insane people cannot achieve. The retributive theory of criminal justice follows that only who can understand the wrongfulness of their actions should be punished. Legally insane persons are excused in law as they are not regarded as morally responsible agents, analogous to children as the insane mature mind and the sane immature mind though different in nature, are equally incapable of forming rational decisions. The defence of insanity stems from the fact that insane people are regarded to not understand the consequences of their actions and hence, cannot form the requisite mens rea or intention for their actions to be condemned a crime As per the legal maxim of actus non facit reum nisi mens sit rea, the mere act itself does not constitute guilt unless done with a guilty mind; for the same reason, legally insane people cannot be guilty of a
The low self-esteem is often caused because the people are raised or built to understand that they have no worth and that they are meant for nothing but to be raped and to do work without pay. The negative impacts that sex trafficking can have on people are often overlooked and downplayed. Some may ask what impacts sex trafficking may have on any given person due to the ignorance of this subject. Well, human and sex trafficking or forced labor can negatively impact a person by giving them no self-worth and making them believe they are not entitled to anything in their life. In
Central park five The Central park five were 4 black men and 1 man of hispanic decent. The attack they were tried for happened on April 19, 1989 it was for the assault, rape, and sodomy of Trisha Meili. Trisha Meili was in coma for 12 days and suffered severe hypothermia, severe brain damage, She lost 75-80% of her blood from the five stab wounds and gashes on her thy. Meili was a 28 year old investment banker at the time of the attack. The 5 men arrested for the attack spent between 6 and 12 years in prison for a crime they did not commit.
A broken finger is a minor, non-life threatening injury, and could have occurred while the prisoner resisted the officers. If the prisoner decides to file a petition in court, he could use the Whitley v Albers case as a precedent and the eighth Amendment’s cruel and unusual punishment along with excessive force to argue his case. 2. A prisoner was prescribed medications that made him feel unpleasant, but prison officials forced him to take the medications regardless of his protests. This inmate has a case against prison officials
Comp II MW 2:10 LOVE VS LUST Thought our lives we all tend to need time away from the people we love most. Some people find that freedom or fulfillment through sexuality while others find it through absences. Adultery is usually wrong but in rare instance it can sometimes be justified. In the storm The Storm it’s understood that two characters that have an affair during a storm but after the affair they return to their normal ways of life. Adultery is every hard to defend because in most cultures or religions it’s socially or morally unacceptable, but The Storm challenges that position.
She just stated the program coordinator told her the percentages, so credibility wasn 't verified. The counter argument is the same could be used for males in prison. Males who commit nonviolent crimes should not be incarcerated but enrolled in these special programs also. Men are needed for support of children and prison aren 't designed only for males because males aren 't the only one that commit crimes. O 'Brien seem passionate about the article and expressed ways that women can be enrolled in different programs instead of being incarcerated for nonviolent crimes.
Eighth amendment Death Penalty Receives Another Blow, This Time In Pennsylvania In this article, "Death Penalty Receives Another Blow, This Time In Pennsylvania" by Sam Wright from Above The Law, Mr. Wright discusses the controversy over death penalty and the difference between states deciding the standards of it. According to the article, two states, Connecticut and Pennsylvania both assigned a death penalty to two men who committed equally serious crimes. The problem arouses when the two men applied a relief to the courts; Connecticut accepted it and Pennsylvania didn 't. It gets even worse, when people dig deeper and find out the racial discrimination that went on behind the scenes. "African American defendants were sentenced to death at a significantly higher rate than similarly situated members of the racial groups."