Preview

Eighth Amendment Case Study

Good Essays
Open Document
Open Document
96 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Eighth Amendment Case Study
This case deals with the eighth amendment and shows, the freedom to “ Be able to be heard before physical punishment is given.” In the end of this case the supreme court took a vote on who went with the “ Wright ” side or the “ Ingraham “ side. Ingraham lost with the vote of 5-4. The court says that “ Public school student could be paddled without being heard.’ The court says they ruled this was because “ The eighth amendment doesn’t contain the word “Criminal” so the court should not impose that limitation.

You May Also Find These Documents Helpful

  • Good Essays

    8th Amendment Case Study

    • 411 Words
    • 2 Pages

    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.…

    • 411 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Bethel V Fraser

    • 663 Words
    • 3 Pages

    On April 26, 1983, Matthew Fraser gave a speech nominating another student for an elected position. The speech was given to about 600 fourteen year olds that chose to attend this assembly. The speech contained sexual innuendo. Before giving the speech Fraser received advise from several teachers that he should change the speech or not give one at all. But he refused to take their advice (2). The next day, he was called in to an administrative office and was suspended for three days and was told he would not be able to give his speech during graduation even though he was at the time the salutatorian. The family of Fraser filed a grievance with the Pierce County school board, but the officer upheld the suspension. In response, to that decision Matthew’s father filed a case against the school district. The District Court ruled that the student’s First Amendment right was infringed upon. The students was awarded a monetary judgment and allowed to give his graduation speech. Later, the Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court (4). Later, the US Supreme Court reversed the Court of Appeals in a 7-2 vote to reinstate the suspension, saying that the school district's policy did not violate the First Amendment (3).…

    • 663 Words
    • 3 Pages
    Good Essays
  • 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
  • Powerful Essays

    In the court case of Ingraham vs. Wright, James Ingraham an 8th grade student sued his school for cruel and unusual punishment when he got severely beaten for failing to promptly leave the stage of his school auditorium when told by his teacher. He was sent to the schools principle Willie J. Wright and Ingraham told him he was not guilty of the accusation's against him. Wright Obviously didn’t care and followed to bend James over to hit him with the a paddle but struggled. Wright called in the assistant principle and his personal assistant to help hold his arms and legs down and continued to beat James Ingraham. In the text it said "The paddling was so server that he suffered a hematoma requiring medical attention and keeping him out of school for several days." After the 20+ licks Wright gave to Ingraham he made a complaint in 1971 along with the help of another student named Roosevelt Andrews who had also been beaten badly by Wright. They claimed that the school violated the Eight Amendment that…

    • 988 Words
    • 4 Pages
    Powerful Essays
  • Satisfactory Essays

    The case Hazelwood v. Kuhlmeier is a very interesting case because it requires the courts to balance two very important values of American society, freedom of speech and education. Many Americans have made countless sacrifices to ensure that we can enjoy both freedom of speech and one of the best education systems in the world. Due to the fact that these values are so important to the American people, it is no surprise that the decision had to be ultimately made by the Supreme Court of the United States. It is also not surprising that due to the nature of the case, the Appeals Court had a different decision than both the District Court of Missouri and the Supreme Court of the United States of America. Although I find merit in the dissenting…

    • 260 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    The first eight amendments in the Bill of Rights were intended to protect Americans ' specific personal rights. The Founding Fathers recognized the importance of these rights and fought so that the people in the United States would have the independence that no other nation had known. These same men were well aware of the unavoidable sacrifices they were going to have to make. Listing every right that a person should possess was impossible to fit into ten amendments. Therefore, congress made the final two amendments in the Bill of Rights to be an all inclusive statute in an effort to prevent the United States government from discovering a loophole and gaining too much power. The Ninth and Tenth Amendments are the final two statutes in the Bill of Rights which outlines the limited control of the government and even more importantly the power of the people.…

    • 1547 Words
    • 7 Pages
    Better Essays
  • Better Essays

    White believed that the paddling of the two young boys was for punishment, and needed to be tested as a standard of the Eighth Amendment. White was clear that he did not think that corporal punishment was cruel and unusual, but that if it becomes severe enough to be “unacceptable in a civilized society..” does it become unconstitutional. A statement that White made was that “need only take a few minutes to give the student ‘notice’ of the charges against him and if he denied them, an explanation of the evidence the authorities have and an opportunity to him present his side of the story.” (nospank.net) While Justice Stevens agreed and sided with the dissent opinion of White, he had more to add. Stevens questioned whether it was consistent with some of the court’s decisions to hold that a post-deprivation state remedy…

    • 1069 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    4th Amendment Case Study

    • 704 Words
    • 3 Pages

    Explain the two-fold requirement discussed in Katz v. United States, for analyzing when a search occurs under the 4th Amendment.…

    • 704 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    After continuous back and forth battling of the plaintiffs/plaintiffs’ claims the U.S. district court ruled in favor of the school board. However, the plaintiff was not happy about the outcome, and set out for an appeal to the U.S. Supreme Court. Thurgood Marshall became imperative in his position for blacks in the school system because blacks, and whites were unequal. The school segregation violated the “equal protection clause” of the Fourteenth Amendment to the U.S.…

    • 317 Words
    • 2 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

    Solitary confinement has been called into question as violating of the Eighth Amendment of the Constitution. The Eighth Amendment guarantee the protect from any cruel and unusual punishment. On Febuarary 24, 2012, a Russian immigrant named Viktor Bout challenged the use of solitary confinement during his time in Metropolitan Correctional Center (MCC). Bout was convicted on 2 November 2011, for conspiracy of attempting to smuggle arms to the Revolutionary Armed Forces of Colombia (FARC) to kill U.S. citizens and delivery of anti-aircraft missiles. Once Bout was convicted he was held in solitary confinement for fourteen months. Judge Scheindlin (2012) ruled that,…

    • 101 Words
    • 1 Page
    Good Essays
  • Powerful Essays

    The fifth amendment's privilege not to answer, critics carp, insulates the guilty defendant from revealing his complicity.' While this is true, ironically it also can…

    • 4738 Words
    • 19 Pages
    Powerful Essays
  • Good Essays

    r my final paper I plan on narrowing in on how the according to the eight amendment the United States is treating the prisoners with mental illness unconditionally, by using cruel and unusual punishment. All of my research I have found supports this claim. I had wanted to focus on reform and policy as well as a main point of my paper, however, while I will touch on that in part of my research it is not going to be a focus of what I am speaking about.…

    • 546 Words
    • 3 Pages
    Good Essays