A Washington police officer stopped a student at the Washington State University after observing the student was carrying a bottle of gin. After asking the student for identification the student informed him that is was in his dorm room. The student, followed by the officer, then went into his room get his identification. While the student was searching for his identification, the officer noticed that the student 's roommate, had marijuana seeds and a pipe on his desk. The officer asked the students if they had additional drugs in the room and the students provided him with a box with marijuana and money. Another officer arrived on the scene and they search the student’s room and found additional drugs. The student (roommate of the original student) was charged with possession of a controlled substance.
Worcester v. Georgia is a case that impacted tribal sovereignty in the United States and the amount of power the state had over native American territories. Samuel Worcester was a minister affiliated with the ABCFM (American Board of Commissioners for Foreign Missions). In 1827 the board sent Worcester to join its Cherokee mission in Georgia. Upon his arrival, Worcester began working with Elias Boudinot, the editor of the Cherokee Phoenix (the first Native American newspaper in the United States) to translate religious text into the Cherokee language.
In Roper v. Simmons there are two issues that must be addressed, the first being the issue of moral maturity and culpability. The defense in the trial phase of this case argued that Mr. Simmons was an at an age where he was not responsible enough to fully understand the effects and consequences of his actions. The majority draws on Atkins v. Virginia to argue that this specific precedent supports their case that the death penalty should not be imposed on the mentally immature or impaired. However, an important point to be made is that the Atkins v. Virginia decision is geared towards the clinical definition of mental retardation: significant limitations that limit adaptive skills. Also, another important question to consider is the competency and premeditation of Mr. Simmons’ crime in this case. The argument that four months would be
6 in 10 americans favor the death penalty for convicted murderers.There is no question that killing another person is the most heinous crime that one can commit. Yes, most prisoners convicted in death row are murders but there has been cases where someone innocent has been wrongly executed. For example, of this failure is the case of Roosevelt Green, who was executed in Georgia for the kidnapping and murder of a young woman. According to author David Bruck, "Green swore that his companion shot her . . . after Green had left and that he knew nothing about the murder. Green 's claim was supported by a statement his accomplice made to a witness". Roosevelt Green was executed despite witness testimony that he had nothing to do with the murder of
We see multiple successes of voting equality attempted through amendments, however, the Supreme Court’s decision on Shelby County v. Holder has pushed back years and years of effort for voting rights. Supreme Court’s 5-4 ruling was in Shelby County’s favor, stating that the Section 4 of the Voting Rights Act was unconstitutional along with Section 5. Chief Justice John G. Roberts Jr, who wrote the majority’s opinion, said that the power to regulate election was reserved to the states, not the federal government. As a result to the court’s decision, the federal government can no longer determine which voting law discriminates and can be passed. After the case, many states had freely passed new voting laws; the most common voting law states passed
Christopher Simmons was a seventeen year old juvenile from Missouri whom in 1993 along with two of his friends, Charles Benjamin and John Tessmer, planned to rob and murder Shirley Crook in her home (Roper v. Simmons, 2004). On the night the crime was to be committed, Tessmer pulled out of the plan, and Simmons and Benjamin would continue on as planned. The two broke into the Ms. Crook’s home, robbed her, tied her up, covered up her eyes, then drove her to a state park and threw her off a bridge. During the trial, evidence, videotaped reenactment and testimony outlining the premeditated plan, allowed for the jury to easily convict Simmons of the crime. Even though Simmons had no previous criminal record and was a minor at the time the crime was committed,
The 8th amendment says “Excessive bail shall not be required, Nor excessive fines imposed, Nor cruel and unusual punishments inflicted” . With that being said if the 8th amendment applies for cruel punishments of death penalties then why is it still happening. There might be improstion to taking the 8th amendment out of the factor of basically killing someone for breaking the law. Yeah they might have broken the law but killing A person so brutally doesn’t seem fair. If the death penalty never existed then how much different would america even be? In supreme court they stated “The death penalty law isn’t violating the 8th amendment it is somewhat brought into decision “ . My only question is how does the death penalty not violate the 8th amendment?
Capital punishment is one of the most controversial and talked-about topics in the United States today. It is an issue that is not explicitly mentioned in our constitution, so states have been left to interpret the law. As of April 2017, 32 states in the US legally allow the death penalty. Of the 18 states that have banned it, the most recent was Maryland in 2013. The topic is so controversial that the Supreme Court has gotten involved many times, deciding on more cases that have to do with capital punishment than most other subjects. People disagree on many aspects of the death penalty for several different reasons like moral and religious differences. When considering capital punishment, people’s opinions
The protection of those charged with crimes is as important as any other provision in the American Constitution. It may sound like a paradox at first that it is this important to protect criminals, but looking further into it, it begins to make a lot of sense. All humans, no matter what, should never be treated cruelly, as our founding fathers knew well, as this would put us at the same level as those we deem to be unfit to participate in normal society. Even though this provision has been in the Constitution since the inception of the Bill of Rights back in 1789, not much attention was brought to it until a case in 1910 brought to light the idea that cruel and unusual punishment was not limited to just barbaric, medieval acts, but that it
The death penalty has been a major topic of debate in the United States as well as various parts of the world for numerous years. At this time, there are thirty-one states in which the death penalty is legal. Nineteen states have completely abolished it (“States with and without The Death Penalty”). Since its initial development back in the 1600’s, the death penalty has taken a different course in the way it is utilized. In its early days, the death penalty was greatly used and implemented for several offenses. Generally, the public sought out the stern implementation of the death penalty. But contrary to this, the use of the death penalty,
In the short story, “The Tell-Tale Heart” by Edgar Allan Poe, the author writes the story in first person perspective of the main character. The main character acknowledges that he has a disease that allows him to perceive and look at things differently in reality. This mental illness prompts him to want to kill an innocent man because the narrator loathes the old man’s eye. On the eighth night, the main character abruptly kills the old man and confesses to the police because of the panic and pride that has overcome his mind. Now, the killer is found guilty and now is being determined of what is to become of him. In this case, the calculated killer should not receive the death penalty but be given 20 years of prison with psychiatric care based on the 8th amendment, the fact that he murdered someone, and his mental illness.
The lethal injection executions illustrates a constitutional violation of the branch 's overreach as described by the 8th amendment due to its cases bring either successful in the execution or providing sufferable pain to death row inmates. One of the current problems in the Judicial branch is the use of lethal injection towards execution sessions. Lethal injection is an injection that is administered for the purpose of euthanasia and capital punishment. There are two methods of lethal injection today, one using a three drug protocol and the 2nd being the large dose of barbiturate. Lethal injection is used for capital punishment as it follows the 8th amendment we have today.
Some say mental illness is an invisible disease, one that begins to eat someone from the inside out. Being mentally ill comes in many different forms: from basic depression and anxiety, to schizophrenia and depersonalization. These disorders can make a person feel as though they are losing control over what they are doing, as well as losing sight on what makes them normal. Mental illness can make a person do things that a normal person would not do, simple because of a person 's moral and ethical values. Sometimes, however, a person who is mentally ill commits crimes that are unforgivable. So, in lieu of these crimes, does that mean that the mentally ill should be punished, to the extremes of the death penalty, or should they be forced into
Passed on September 25, 1789 and ratified on December 15, 1791 by Congress, the eighth amendment has been present in the United States for quite some time. Over time, the amendment has morphed and interpreted differently. In the Constitution it states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”. In the 1990s, individuals referenced the eighth amendment when discussing capital punishment or the death penalty. Death sentences were most frequent during the 1900s, resulting in some individuals declaring that it went against the amendment (Source A). Since then, opinions on the death penalty have fluctuated, some claim that is barbarous while others deem it to be necessary. The
On November 21, 1973, Troy Leon Gregg and his companion robbed and murdered Fred Edward Simmons and Bob Durwood Moore, two innocent people who were giving them rides. Gregg was convicted for his actions and was given the death penalty. He argued that the sentence was violating his eighth amendment which is “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (U.S. Const. amend.VIII.) The Supreme Court ruled that it did not violate the eighth amendment and was constitutional. This brings up the question “Was the case properly determined by the Supreme Court or should it be Congress to decide?”