...Center for Advanced Technologies (CAT) Modesto Junior College Dr. Bryan Silva, Professor Issue Before the Court: Does the method of execution by three-drug lethal injection in Kentucky violate the Eighth Amendment prohibition on cruel and unusual punishment? Rule of Law: No the execution by lethal injection does not violate the eighth amendment on cruel and unusual punishment. Every drug injection is given by a professional and is measured appropriately. Application of Facts (Analysis): Ralph Baze and Thomas K. Bowling, two Kentucky men were convicted of murder and sentenced to death row. They both tried arguing with the Supreme courts stating that lethal injection is a violation of the 8th amendment's ban of “punishments that are cruel and unusual.” Kentucky states confirmed that they had a qualified personal with a one year experience in inserting ivs, the drugs were...
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...Controversy regarding the death penalty has been prevalent in the United States for centuries. Those in favor of capital punishment, a term synonymous with the death penalty, argue that its practice provides a “fair” punishment for certain crimes and serves as a deterrent for heinous acts. However, there has been growing opposition in America. The death penalty, implemented in thirty-two states, should be prohibited in the United States due to the financial cost of death penalty trials and executions, the possibility that those sentenced are innocent, and the inhumanity of failed executions. The implementation of the death penalty in America dates back to the colonial era and is largely attributed to British influences. The first recorded...
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...Retrieved from www.bsos.umd.edu. (2013). Retrieved from www.citelighter.com. Bardes, S. S. (2013-2014). American Government and Politics Today. Boston: Cengage Learning. www.studentsnewsdaily.com. (2013). Retrieved from www.studentsnewsdaily.com. DEATH PENALTY Thesis As you further read into this paper you will understand the reason and cause for the death penalty in the United States. You will be educated how many states in the United States use the death penalty as a form of punishment and also what form of it is used. There are many methods of death some states opposed while others see it as “an eye for an eye”. Capital Punishment is defined as the practice of executing an individual as punishment for a specific crime. This is known as a state’s form of committing murder. Capital punishment comes from the Latin word meaning for the head. Some oppose it (those we term Conservative) and those who support it (these we term Liberal). Capital Punishment can range from simple punishments of cutting ones’ hand off for stealing to being hung, set in front of a firing squad, using lethal injection (a commonly used form), to being gassed, or the electric chair (a more common form). Some countries even use poisoning, starving, and burning (which some deem as unconstitutional). So because a state does it, is it legal? Or morally right? Yes because it is done in a lawful manner (so the conservatives would believe). Definition Liberalism is defined as a set of beliefs that includes...
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...March 3, 2010, plaintiff Tera M. Bruner-McMahon, as Administrator of the Estate of Terry Albert Bruner, filed a complaint for civil rights violations in the United States District Court for the District of Kansas against defendants Marque Jameson and Mary Staton. The complaint alleged claims arising out of the death of Terry Albert Bruner while he was incarcerated in the Sedgwick County Jail. Plaintiff contended that the death was a result of defendants’ deliberate indifference to Terry Albert Bruner’s serious medical needs. Defendants denied liability. The problem in question is the violation of the eighth amendment. Where the eighth amendment is that excessive bail shall not be required, no excessive fines imposed, nor cruel and unusual punishments inflicted. A jury trial was held from February 22, 2012 through March 5, 2012. The jury returned a verdict on March 5, 2012 in favor of defendants. The court entered judgment on March 6, 2012. Introduction In the beginning of the case the plaintiff and defendant lawyers provide their opening statements. The violation in question on the defendants was violating the eighth amendment of the then and now deceased Terry Bruner which was jailed for Driving Under the Influence, Drunk Driving, and leaving the scene of an accident. Terry Bruner had a preexisting health condition which is cirrhosis and hepatitis c. This preexisting health condition was known by the institution in which he was jailed and made him more susceptible...
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...Atkins v. Virginia (2002). The Eighth Amendment reads, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The Fourteenth Amendment states, “All persons born or naturalized in the United States…nor shall any State deprive any person of life, liberty, or property, without due process or law; nor deny to any person within its jurisdiction the equal protected of laws.” Analysis 1. The Eighth Amendment reads, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.” A.) As explained in Atkins, the Eighth Amendment guarantees individuals the right not to be subjected to excessive sanctions 2. The Fourteenth Amendment provides, “All persons born or naturalized in the United States…nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protected of laws.” Conclusion Justice Anthony Kennedy in March 2005, the United States Supreme Court ruled that standards of decency have evolved so that executing juvenile offenders who committed crimes while younger the age of 18 is “cruel and unusual punishment” prohibited by the Eighth Amendment. The United States Supreme Court in Roper v. Simmons ruled in favor of...
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...Douglas S. Coppin The Effects of Capital Punishments NIC / Executive Leadership June 2013 Evidence-Based Practice in the Criminal Justice System The phrase “because we have always done it that way” universally is no longer acceptable as it pertains to working in many sectors of the work-force, especially within the criminal justice system. Constant financial pressure to streamline budgets, coupled with ever-changing political climates have forced criminal justice organizations to embrace evidence-based concepts and practices. Evidence-based practice is defined as the use of practices that have been scientifically tested and proven effective. In simple terms, doing what works. This has led to drastic changes in various sectors from police operations, probation, sentencing, etc. When examining capital punishment the first question that must be asked is why do we do it? Is it simply a universal response to an atrocious act committed by an offender? If so, then there is no need to look any further. However, thousands of capital offense convictions are handed down annually in the U.S., yet most do not result in death penalty sentences. Therefore the only logical conclusion is that there is much more complexities in play once the state hands down capital punishment. Possible Effects of Capital Punishments at a Glance By and large, capital punishment in the United States is handed down to those offenders that are found guilty of homicide. Although not limited...
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...and horrid human being would be allowed to live in a prison where he is feed three times a day, enjoying luxuries that many innocent people in America cannot afford. It is also possible that he could be sentenced to 15-20 years in prison and then set free. Answer me this one simple question, would you want this man living in your neighborhood. As history tells us, capital punishment, whose definition is "the use of death as a legally sanctioned punishment," is an acceptable and efficient means of deterring crimes such as the one committed by David Brewer and many others. Today, the death penalty remains an effective method of punishment for murder and other heinous crimes. One cannot escape the fact that the death penalty has many flaws. But if you think about it there are flaws in all forms of penalties for crime. Weather the issue of the cost and time in order to carry out a “Death Sentence”, or the fact that many innocent people could be killed for something that they didn’t commit. Some will argue and say things like the death penalty is immoral. It is a form of cruel and unusual punishment and people greatly suffer both emotionally and physically before their execution. Most of the time, the death penalty is...
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...Cruel and Unusual Punishment: The Death Penalty I remember watching the movie Dead Man Walking; it was about this man named Matthew Poncelet who allegedly raped a girl and killed a teenage boy. Poncelet pleaded not guilty, but was convicted as a murderer and put on death row. He asked for several appeals stating that Carl Vitello, the man he was with at the time, was the one that should be at fault. Poncelet seems very convincing that it wasn’t him, but at the end, the courts had enough evidence to grant Poncelet the retribution of execution. The movie has me questioning America’s justice system; what if someone was actually innocent? Is it right to kill someone as a consequence for their wrong doing? To some, it seems like the right thing to do. If someone breaks the rules you simply punish them. But how should we carry out these punishments? When eight-year-old Billy steals a candy bar from Seven Eleven, you can bet that one of the parents will deliver some whippings. In Texas, when I was in elementary school, I started a fight, and as a result I got sent to the principal’s office and received three licks with a paddle. So where do we draw the line? At a higher level, what happens to me if I kill someone? Since the beginning of time, societies in almost every culture and background have used capital punishment or physical chastisement as a consequence for the killing of others. But, we shouldn’t be doing this anymore; life is too valuable. Even though some people...
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...later, the first of three attempts of 1,900 volts of electricity were sent accelerating through John Evans's body. The final excruciating jolt boiled his brain and extremities in a horrifying manner, causing the nauseating stench of burnt flesh to quickly pervade the open air. John Evans's execution, which should have been only 30 seconds, lasted 14 minutes long. Whenever the phrase “death penalty” is brought up, two sides of extremists are riled up shouting for either approval or forbearance; thus creating a whirlpool of dissent and provocation. Many critics of this controversial issue may state that the moral aspects are inhumane and that the use should be discontinued from the United States; however, the crimes deemed worthy of capital punishment should not and cannot be overlooked simply because of a certain belief. The implementation of the death penalty should remain in practice to prevent heinous crimes and victimization of the innocent. Sometimes the “chair” truly is the best seat in the house. The supreme court case of Alabama vs John Louis Evans of 1977 shifted the viewpoint as to how the United States would approach the sensitive issue of the death penalty. John Evans was the first inmate to be executed by the state of Alabama after the United States re-instituted the death penalty in 1976 (Blanco). Over the course of two months, Evans and his accomplice participated in a crime spree involving in over thirty robberies, extortion schemes, and several kidnappings...
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...Crime and Punishment Currently punishment for crimes committed is different for a juvenile than it is for an adult. Why would it be a different punishment for the same crime between juveniles and adults? Can juveniles really learn from their crime? What if the juveniles make the court believe that they learned from their mistake and they got out of jail and commit the same crime but worse. Is it really cruel and unusual to sentence life without parole to juveniles? Juveniles that commit extremely bad crimes should not be punished; who in their right mind thinks they should not be punished? Is life in prison with or without parole a better option for juveniles? It all comes down to what the juvenile did, and if the juvenile and the adult made the same mistake, they should get the same punishment. It should always be fair between adults and juveniles; there is no difference because they made the same mistake, a crime is a crime. To begin with, can juveniles really learn from their mistakes? Some juveniles can and others can't. Well how will the court make the right decision? For example a juvenile gains trust from the court and gets out of jail early but when they exactly get out of jail they go to a party and kill someone. It is the juveniles responsibility to not get in trouble because they have to be role models for the next generation of juveniles and be the adults. Juveniles can learn from their mistakes but there are always the juveniles that lose the opportunity...
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...up to the house and rang a doorbell of two farmers in central Florida. When someone answered the door, Sampson pulled out a gun and held him at gunpoint and Jeanette took the money. The other person in the house came out and shot Jeanette and wounded her, so Sampson shot both of them and killed them. Sampson and Jeanette got into the getaway car that Enmund was driving. When they were caught The Armstrongs and Enmund were convicted of one count of robbery and two counts of first degree murder, and sentenced to death. The conviction was affirmed by the state’s highest court. The United States Supreme Court reversed and remanded his death sentence, holding that capital punishment was inappropriate for defendant. IV. Is it against the Eighth and Fourteenth Amendment to be sentenced to capital punishment if you were only a getaway driver in a robbery that turned into murder? V. Holding and Action: Yes. It was affirmed. VI: Rationale: The argument was whether if it’s okay to give someone the death penalty if they were just a getaway driver in a robbery that turned into a murder crime goes against the Eighth and Fourteenth Amendments. The court held that it did...
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...The United States Constitution is a living document that ensures the protection of the rights and freedoms of all people. However, these laws appear to have been violated in the case of Tyr Nichols, a victim of police brutality. This article aims to present the arguments in favor of Nichols and highlight the ways in which Nichols' constitutional rights were violated. One American citizen, Tyler Nichols, was met with unnecessary force by the police, causing public unrest. This case is a violation of the Fourth Amendment to the United States Constitution, which protects citizens from unreasonable searches and seizures, including excessive use of authority by authorities. one. Additionally, the Eighth Amendment, which prohibits cruel and unusual...
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...For decades the death penalty has been an emotional and almost unmentionable issue that has affected people in many different ways. Whenever the word "death penalty" comes up, extremists from both sides start yelling out their arguments. One side says deterrence, the other side says there's a potential of executing an innocent person; one says justice, retribution, and punishment; the other side says execution is murder. Regardless of people’s philosophic points of view, it is important to be aware of the facts. This is exactly what I would like to talk about in this essay: the facts regarding this controversial issue. I do not have the answer to this question; I believe both viewpoints have good arguments. Everyone is entitled to his or her own opinion in this or any other matter, but no one is entitled to his own facts. What is the death penalty? Congress or any state legislature may prescribe the death penalty, also known as capital punishment, for murder and other capital crimes. (Death Penalty: An Overview, 2010) As far back as the Ancient Laws of China, the death penalty has been established as a punishment for crimes. In the 18th Century BC, the Code of King Hammurabi of Babylon established the death penalty for twenty five different crimes, although murder was not one of them. The first death sentence historically recorded occurred in 16th Century BC Egypt where the wrongdoer, a member of nobility, was accused of magic, and ordered to take his own life. During this period...
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...Life without Parole v. Capital Punishment in California Capital punishment is the focus of much controversy lately amongst Californians. In November, Proposition 43 gave California the option to eliminate capital punishment and convert current sentences to life without the possibility of parole. The vote against it won with only 53% of the vote. Over half the states in America favor the death penalty and apply it, while at least a dozen states have chosen not to implement it. As a resident of California, I believe that with our current fiscal crisis, it would be wise to convert current death penalty sentences to life without parole in an effort to save taxpayers millions of dollars. “Legal executions in California were authorized under the Criminal Practices Act of 1851” (History of capital punishment in California, 2010). Since that date, over 500 people have been executed by the state. California has gone through the transition from hangings, to the gas chamber, to lethal injection. In 2006, executions were put to a halt due to claims that the 3 combination lethal injection was cruel and unusual punishment. There are currently over 700 inmates, both men and women, who are waiting to be put to death. The death penalty system that we currently have in place is inactive. However, it is still costing taxpayers their money, and a large amount of it at that. California taxpayers, a considerable amount more per death row inmates than we do general population inmates. If...
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...Critical Analysis The issue of cruel and unusual punishment towards juvenile life without parole is one that needs to be addressed. The facts stated earlier in this paper have given more than enough reason to abolish life without parole sentences for juveniles. It has been argued in Graham v. Florida that because juveniles have a weak capacity to comprehend their behavior and actions, the punishment of life without parole might not be an effective deterrent from engaging in criminal conduct. Some states have already abolished juvenile mandatory life without parole as they have all found it to be cruel and unusual punishment. Many groups and advocates against life without parole for juveniles have seen this as a step in the right direction,...
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