When a search warrant is issued on the grounds of proving someone to be a part of gang activity, is it logical to be able to search their personal items such as a phone?…
Recently, the United States Supreme Court has decided to hear a Florida case, Sullivan v. State, 987 So.2d 83 (Fla. 1st DCA 2008), where a minor received a life without parole sentence in a conviction for rape.3 This note will analyze the Sullivan case and predict how the Court will likely rule. There are two dimensions that this note will discuss: First, the Eighth Amendment jurisprudence of the United States Supreme Court regarding proportionality in sentencing. And second, the Court’s treatment of minors under the Eight Amendment’s “cruel and unusual” clause.…
This case is interesting because a juvenile was sentenced to 110 years to life without parole which violates the Eight Amendment. The Eight Amendment…
Cruel and unsual punshiment is the eighth Amendment to the Counstitution of the United States. Anyone that has convicted of a crime have the right to be free of Curel and unsual during the time of jail or even prison. The eighth Amendment is almost the same as part of the 1689 English Bill of Rights. The amendment was written in because of a man named Titus Oastes lied and hurt many innocent people because of it. James Madison also know as “Father of the Constitution” wrote this amendment in 1789 the amendment was ratified on December 15, 1791.…
The Supreme Court reviewed the constitutionality of mandatory life sentences without parole enforced upon persons aged fourteen and younger found guilty of homicide. The court declared unconstitutional a compulsory sentence of life without parole for children. The states have been barred from routinely imposing sentences based on the crime committed. There is a requirement for individual consideration of the child life circumstance or the defendant status as a child. The court rejected the definite ban on life sentences without parole. This is because in some cases the instances may be uncommon, but jurors can find irreparably corrupted children. The Supreme Court declined to decide the subject whether there is age below which children with life sentences without parole is unconstitutional.…
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.…
Another amendment that contrasts directly with The Crucible is the Eighth Amendment which states that “nor cruel and unusual punishments [be] inflicted.” 1 During the Salem Witch Trials, the accused were horribly…
The Eighth Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."Ever since the Eighth Amendment was ratified by the states in 1791, it has been a key part of our Constitution. The Eighth Amendment has protected our people from many things, including an overly high bail or "unnatural" punishments. It has ensured that in civil matters, as well as criminal cases, the people of America are protected from an overly high bail and cruel and unusual punishments.…
The Eighth Amendment to the US Constitution states, Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. We know what excessive bail is and excessive fines, but what exactly cruel and unusual punishment? In the middle ages there were many forms of punishment. Some may result in death while others would permanently scar and disfigure someone for the rest of their life. Before the Americas were settled, England used many different forms of punishment, some of which were brought to the Americas. These included flogging “or whipping”, stocks, and the pillory. These acts were considered the norm. This was due greatly to the fact…
According to Taylor (2012) “The Eighth Amendment to the Constitution provides a protection against cruel and unusual punishment, but the doctrine as developed by the Supreme Court fails to adequately enforce this prohibition and therefore allows states…
Criminal defendants have several constitutional clauses that protect defendants from excessively severe or uncommon punishments. Most of these restrictions can be found in the Eighth Amendment. The Eighth Amendment states that in a criminal case, “excessive bail shall not be required”, “excessive fines shall not be imposed”, and “cruel and unusual punishment shall not be inflicted”. This is important because it restricts the court from issuing a punishment that is not fitting for the crime.…
In the US constitution, the 8th amendment prohibits the federal government from imposing cruel and unusual punishment. Is convicting a juvenile as an adult and to life in prison overturning the 8th amendment. This punishment is unusual because juveniles are not adults but they’re being treated as adults. In Dontae Brown’s article, “Life Sentence: Is Life Without Parole for Juveniles Cruel and Unusual Punishment?”, Brown claims that trying a juvenile as an adult is inhumane. If the death penalty for juvenile has been revoked because it went against the 8th amendment, why can't life sentences for juveniles be revoked as well? Brown reassures that juveniles brains aren't as mature as adults and that the Supreme Court should consider what is happening in the juvenile’s daily life because it may affect one’s opinion on them. The Supreme Court should take this information into consideration before deciding on something that is unconstitutional. Although convicting juveniles to life sentences is unconstitutional, maybe for some cases it's for the…
A) Juminia and Jose will identify two ways to manage frustration in a positive manner…
The "cruel and unusual" clause in the eighth amendment states that "cruel and unusual punishment" such as torture or lingering death can not be inflicted on anyone as a form of execution. It is however permissible under the 8th Amendment to execute a convict by means of hanging, shooting, electrocution, and lethal gas.…
Cruel and Unusual Punishment: Every inmate has the right to be free under the Eighth Amendment from inhumane treatment or anything that could be considered "cruel and unusual" punishment. Unfortunately, the Eighth Amendment did not clearly define what "cruel and unusual" punishment includes, meaning much of the definition has derived from case law. Generally speaking, any punishment that is considered inhumane treatment, like torture or abuse, or violation of a person's basic dignity may be considered cruel and unusual within the discretion of the court.…