Preview

8th Amendment Case Study

Good Essays
Open Document
Open Document
411 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
8th Amendment Case Study
As the attorney for Joseph, the inmate in Louisiana, I’m writing to defend his 8th amendment rights. Joseph has committed murder, sentencing him to death. In his situation, he was attempting to kill himself but misfired murdering his roommate in the other room. This accident should not be punished by death as it wasn’t attempting. Joseph’s sad and unusual case mustn’t go to the worst stage of punishment and we plead for a life in prison instead of a lethal injection.

Leading to the event, Joseph had had finally met his love of his life after a decade of depression. After two weeks of dating he asked his girlfriend, Beneatha, to move to Nigeria with him but was rejected. At first, Joseph dealt with it but ended back in a hole of depression.

You May Also Find These Documents Helpful

  • Good Essays

    The Carr brothers should have been sentenced separately and given two different hearings. The Eighth Amendment may be unclear whether defendants must be given an individualized trial or not but the court’s Eighth Amendment cases have often insisted that defendants must be given “individualized sentencing” in order for the jury to find “an individualized determination” and decide whether the death penalty is appropriate. The issue is that the court has never insisted for defendants to be sentenced by themselves, at their own hearing, without any co-defendants present.…

    • 87 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    This work POL 303 Week 2 Discussion Questions 1 4th Amendment comprises solution of the following task: "What rights are protected by the 4th Amendment? Provide three concrete examples. Why are unreasonable searches forbidden? What factors determine whether a search is reasonable or not? Explain in 200…

    • 641 Words
    • 3 Pages
    Satisfactory Essays
  • Satisfactory Essays

    This article discusses the Eighth Amendment, which states that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” According to the child rape statute in Louisiana, the death penalty or life imprisonment is being administered to convicted pedophiles, as such; research on mental abnormality, and Forensic Psychology to assess the punishment. The author of this article is Brian Sellers, BA, University of North Carolina, and works in the Department of Criminal Justice. As a knowledgeable individual of the law, he explored the pros and cons whether the death penalty is appropriate for pedophiles, hence the many studies being conducted to support his point. This article will highlight…

    • 130 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Does the death penalty violate the sixth and eighth amendment was a question that was asked, “Although there is substantial research about the nationwide operation of capital punishment, empirical research on Delaware’s death penalty is modest in amount”. The Delaware supreme court concluded that because the mercy statute” delegates to jury and judge uncontrolled discretion the imposition of the death penalty there is room for that caprice, whim, and discrimination in the imposition of the death penalty that now stands condemned by the United…

    • 311 Words
    • 2 Pages
    Good Essays
  • Better Essays

    ‘Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.’…

    • 1280 Words
    • 6 Pages
    Better Essays
  • Good Essays

    14th Amendment Case

    • 521 Words
    • 3 Pages

    In the fourteenth amendment it states no person is allowed to be denied life, in that case, should we have the right to die? In 1983, the supreme court ruled in favor of Nancy Cruzan, in the case of Nancy vs. Missouri, by vote of the Supreme Court 5-4. Yes, the Supreme Court made the right decision. My reasonings are because Nancy Cruzan died by choice.Next, a few days before she died nineteen doctors actually tried to reinsert the tube. Lastly, Missouri life support were taking away her right to pursue happiness.…

    • 521 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The “Cruel and Unusual Punishment” Clause of the Eighth Amendment came from the English Bill of Rights that were adopted in 1689. This provision was written into the English Bill of Rights after Titus Otis, who lied causing many innocent people to be executed, was punished in a cruel and unusual way at the time. George Manson first used the cruel and unusual punishment clause in 1776 when he drafted the Declaration of Rights for the Commonwealth of Virginia. In 1791, the clause was added to the Eighth Amendment to the United States Constitution. People feared that if this clause was not added that Congress would abuse its power and use cruel and unusual punishments as a tool to oppress them.…

    • 174 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    8th amendment

    • 340 Words
    • 2 Pages

    The Eighth Amendment: It prohibits excessive bail and cruel and unusual punishment. In the case of Atkins v. Virginia, the facts brought to the court was that the defendant, Daryl Atkins was tried for capital murder and sentenced to death for the shooting of a victim named Eric Nesbitt. Atkins had been smoking and drinking all day before he decided to walk to a convenient store and hold Nesbitt at gun point, upon Daryl’s dissatisfaction with the money he took, he kidnaped Nesbitt, taking him to an ATM to with drawl 200 dollars, along with a friend named William Jones, in Nesbitt’s car. When Daryl was satisfied with the money taken, he further continued his violence by driving Nesbitt to an isolated area, forcing him out of the vehicle, and then shot Nesbitt eight times killing him.…

    • 340 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Let me take you back to one of the darkest days in American history. Monday April 5th, 2013 in Boston Massachusetts two men by the names of Tamerlan Tsarnaev and Dzhokhar Anzorovich Tsarnaev partook in an act of terror on US soil. Two trash can bombs were planted nearby the finish line of the annual Boston Marathon, and the damage these bombs did will forever live in infamy. After the attack, a man hunt through the streets of Boston took place tracking down the men who had commit a mass crime and an act of pure evil. The first of the two brothers, Tamerlan Tsarnaev, was shot when he was found; however, the second brother was later captured and taken into custody. Now here lies the question, what punishment is appropriate for someone who committed an act of terror, killing three and injuring over 200…

    • 327 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The expression "an eye for an eye, a tooth for a tooth" has taken on a whole new…

    • 1174 Words
    • 5 Pages
    Good Essays
  • Good Essays

    As the Eighth Amendment protects against the issuance of an excessive bail, there is no “absolute” guarantee of a pretrial release although as the justice system asserts that a suspect is innocent until proven guilty. That said, it is stated that the courts base the issuance of bail and thus release on the strength of the prosecutor’s case in addition to the actions of the suspect in his interactions with witnesses /law enforcement and the securing of evidence. If the courts find that the suspect is hostile, seeks retaliation or otherwise seeks to intimidate witnesses or destroy evidence, pretrial release is denied (Zalman, 2011).…

    • 380 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Second Amendment Essay

    • 833 Words
    • 4 Pages

    One of the most highly debated amendments of the United States Constitution is the Second Amendment. The Second Amendment has been disputed for hundreds of years on exactly of its exact true meaning. The United States Constitution wrote the Second Amendment as “A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed."…

    • 833 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Do we have the right to take the life of someone who took a life? This argument has existed as long as the death penalty itself has. Many say that the death penalty violates our constitutional ban against cruel and unusual punishment and that the use of the death penalty serves to be inconsistent with fundamental values of our democracy. These are true, but rather than looking at religious aspects and the morality of capital punishment, let’s look at the proof that the death penalty does not work. In this essay, I will argue that the death penalty is illogical because the endless appeals clog our court systems; life in prison is a more effective deterrent against crime and the financial burden to taxpayers to carry out the death penalty are substantially greater than a sentence to life in prison.…

    • 995 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Death Penalty

    • 499 Words
    • 2 Pages

    This topic of the death penalty really hits home for me because I’m going through this right now in my own life. On June 7, 2012 my sister was murdered in her home. I would say what he did to her was pretty gruesome but there of course have been worse crimes. Just like the video in class like Huntsville, Texas, North Carolina also has an active death penalty sentence.…

    • 499 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    In a democracy, our legislatives have constructed a seemingly rational system of punishment to restrict the frowned upon impulses of the irrational. This form of capital punishment, even when touching opposite extremities of the spectrum, is generally accepted by a society readily seeking justice. However, it is within those extremities that controversy has brewed all throughout America. The most common inquiry never fails to be composed of the following, "Should execution remain a form of punishment?" The response, being so diverse, sweeps its way through our homes as its law continues to accentuate itself by determining the future of our fellow neighbors, colleagues, and family. Execution, by any sort of means, should be abolished. My reason for stating so is not ignorant. For my acumen surpasses that of the court's conclusion of "justice". I've found the irony in such a decision with the aid of a fellow intellectual being whom I prefer to quote verbatim due to the immeasurable amount wisdom held within the limit of a few phrases, "Why do people kill people, who kill people? To show people, that to kill people, is bad?"…

    • 1063 Words
    • 5 Pages
    Good Essays