...I do believe that prison overcrowding is a violation of the Eighth Amendment because it is cruel and unusual punishment The Eighth Amendment of the states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” . Crime and unusual punishment is defined as a phrase describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to it. There are generally test that can serve as a guide to what cruel and unusual punishment is according to various legal textbooks in accordance with the law. They are 1) the frequency at which the punishment occurs in society, 2) overall acceptance in society, 3) severity (the punishment fits the crime), and 4) if the punishment arbitrary (random). I say that overcrowding is a violation of the Eighth Amendment because prisoners that are subjected to that experience some very horrible things. For example, in some prisons that are overcrowded several prisoners are forced to share the same cell. That could cause some violent prisoners to be bunked with less violent ones and that could lead to a lot of different things (i.e... torture, rape, etc.). It can also lead to inmates to get sick. Another problem with prison overcrowding is that when the cells get overcrowded it may require some prisoners to sleep on the floor and that could lead them to catch any kind of sickness. For example there was a prisoner who served 28 months...
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...Running Heads: Attorneys: Inmate gasped, snorted during two-hour execution Attorneys: Inmate gasped, snorted during two-hour execution Business Communications and Critical Thinking 07/22/2014 Attorneys: Inmate gasped, snorted during two-hour execution Firstly, I am against execution because I believe one should not kill for it is stated in the Bible, whether as some may say ‘It’s my job to do so’ or it was a premeditated incident. Furthermore, as for Joseph Rudolph Wood III, whatever heinous crime he committed, in all honesty, he does deserve to be penalized for his crime. His death was definitely punishing and mistreated. I say this because he was lethally injected and to my knowledge he was to die a hurried death. Instead, it took him approximately two hours to die by this effect. No one period, knowing they will be dead anyway would want to fight and have such a long and horrid time to try and catch air and snort and fuss to catch their breath. It was just an unpleasant and despicable way of dying. Imaging just trying your best to grasp for air for such a long period of time, it’s just sounds so grueling. Even for the ones who were witnessing, and moreover Mr. Joseph Rudolph III himself. In addition, the medicine used to perform his execution was from an ‘experiment’. In the article it quotes, "It took Joseph Wood two hours to die, and he gasped and struggled to breathe for about an hour and 40 minutes. We will renew our efforts to get information about the manufacturer...
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...Abstract On 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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...Cold hard evidence beats exaggeration in society's mind. Slave were treated like animals throughout the times of being attacked, beat on, and personal issues.Some of them were lack of education, and many broken families around slave communities. Night john gave more of a watered down more theater friendly version of these terrible years in the United States History.All of the hardships presented have been proven historically accurate due to supporting documents and how they corroborate to each other. Although Gary Paulsen's novel Nightjohn, is considered historical fiction, the description broken family structures, harsh restrictions, and cruel and unusual punishment can be corroborated with multiple sources provided by actual slaves at the...
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...Cruel and unusual punishment, there is no real, clear definition of cruel and unusual punishment, but it can sometimes be described as any punishment that is inhumane or violates human dignity. Corporal punishment is a form of punishment that involves the infliction of pain to punish a person of a crime or transgression. Should corporal punishment be allowed in public schools? And is corporal punishment considered cruel and unusual? Ingraham v. Wright is a Supreme Court case that involved corporal punishment. It was to determine if corporal punishment is considered cruel and unusual. James Ingraham was a young boy that was the victim of corporal punishment in public school. History and facts of Ingraham v. Wright, decision and effects...
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...Health and Safety Infirmary MGT431 Health and Safety Infirmary/Clinic Proper health and safety protection for both inmates as well as medical personnel should be taking seriously at all times. The Eighth Amendment deals with the ban of cruel and unusual punishment. This gives convicted inmates rights to the proper treatment of health and conditions of a safe environment. Therefore, inmates trust in the prisons infirmary/clinic to take care of these needs. The issue in maintaining the proper health and safety for both inmates and nursing personnel is failure in proper staffing. The facilities have opened rooms and usually provide enclosed rooms to those with severe medical and mental issues. This opens the opportunity for breach of safety for those involved. Though the facilities usually have protected entrances and exits to avoid escape from the clinic itself; this same protection process may make it difficult for correctional officers to help out in an arising threat within the infirmary. Correctional officers do not accompany the nursing staff within the infirmary, but do keep close distance through monitored surveillance from close quarters. Infirmary health and safety issues vary throughout the many prisons. An example of serious violations goes to findings from an investigation completed at the Wyoming State Penitentiary (WSP). During a tour of the prison several noticeable issues were presented...
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...public questions what the qualifications are for a punishment to be “cruel and unusual.” There is no exact qualifications to decide whether or not the punishment is cruel and unusual, but some may describe it as “any punishment that is clearly inhumane or that violates basic human dignity.” Cruel and unusual punishment can be discussed in several different manners, but there are a few types of capital punishment that are still legal in some states that most certainly can be debated as being classified as cruel and unusual punishments. The Eighth Amendment, apart of the Bill of Rights of the U.S. Constitution, states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This amendment provides citizens with protection from...
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...Otherwise seek the consequences of a failure and possible suspension or expulsion. 1 Explain the Eighth Amendment (Cruel and Unusual Punishment Clause). The Cruel and Unusual Punishment Clause can be found in the English Bill of Rights in 1689 and later adopted by the Eighth Amendment to the United States Constitution in 1787. The phrase describes “punishment which is considered unacceptable due to the suffering, pain or humiliation it inflicts on the condemned person”. This amendment also includes the text that “excessive bail shall not be required, nor excessive fines imposed...”. It is thought that defendants who are not bailed have a more difficult time preparing for their defense. And by being “imprisoned” they are therefore being “punished” for the duration. That is why that questions of bail are always to be taken seriously by the courts. However, the Cruel and Unusual Punishment Clause did not make our Founding Fathers necessarily opponents against the Death Penalty. The Crimes Act of 1790 mandated the death penalty for treason, and also the mutilation of the corpse. There is no doubt, our modern courts would find mutilation of a corpse to be regarded as cruel and unusual as well as abhorrent in practice. The practice of flogging was also considered a common “back then” but clearly unacceptable today. We can see that “cruel and unusual” seems to change with the change of society. Our Eighth Amendment would prohibit: 1) the torture of U.S. citizens 2) ...
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...The eighth amend to the constitution is featured in the bill of rights and ensures all American citizens are protected from excessive bail, fines, and cruel or unusual punishment. The bill was ratified in 1791 and is plainly stated,“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”However, the Wording of this document Allows for its rules to be interpreted in enforcement. The amendment does not have a definite meaning of cruel and unusual punishment it is easy to go around these rules. I believe we should establish a clear definition of cruel or unusual punishment. Why should we do this what are the real consequences of leaving it as it is? Civilized society? Although we do not and poor medieval torture...
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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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...Betty Waltermire Critical Issues in Criminal Justice JUS-250 April 10, 2014 Cruel and Unusual Punishment or Effective Control of Sex Crimes In the Bill of Rights we look to the Eighth Amendment to read; Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Excessive or disproportionate to the offense committed. A male who has been charged with and convicted of multiple sexual crimes, is going to do his time, get out of prison and offend again. To impose upon him to be chemically or surgically castrated would this procedure stop or prevent the sexual crimes from occurring. In China and the ancient world the rulers kept many wives and concubines so they would have an heir. To protect them from being impregnated by another male they used eunuchs to guard the wives and concubines. They were appointed to guard the royal household and through daily contact with the family they gained immense power (Chinese Eunuchs). According to legend castration has been used to improve the effectiveness of soldiers. The rulers would castrate the men by removing the penis and leaving the testicles. This would cause them enormous sexual frustration and they would become violent and aggressive, which was perfect for the battlefield. Chemical castration is done by injection of the FDA approved birth control drug Depo Provera to lower the testosterone levels in men, thereby reducing...
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...In the case of Harmelin versus Michigan was an important case that the United States Supreme Court took the under review. Ronald Harmelin was arrested for possession of over 60 grams of cocaine, which led to him to life in prison without no likelihood of parole. Harmelin argued with the court that his sentenced was a violation of the Eighth Amendment because he had no prior felony convictions and it was cruel as well as unusual. The United States Supreme granted certiorari to decide whether or not his punishment was cruel and unusual. The United States Supreme Court decided by a five to four decision that his punishment was not a violation of the Eighth Amendment. Although Harmelin’s life sentence may be reviewed as cruel, it was not unprecedented....
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...different crimes. Some of the crimes that could result in execution were stealing, treason, rape and murder. Lynching, hanging, burning, firing squad, lethal gas, electrocution and lethal injection are just some methods of execution that have been used to carry out a death sentence. Some of the past executions have been held in the public so everyone could watch. There have been cases brought against the methods of execution therefore violating the Eighth Amendment, of cruel or unusual inflicted punishment. Lethal injection as a method of execution can be viewed as cruel and unusual punishment, violating the Eighth Amendment of the U.S. Constitution. There has been and always will be debates about the death penalty if it is fair or cruel and unusual punishment. Also, there are always going to be debates and Supreme Court Cases held to see if the methods of execution of the death penalty violate human beings’ rights. One early case, State of Louisiana ex rel. Francis v Resweber (1947) ruled that it was not cruel or unusual punishment to send a man to be electrocuted after he had already been placed in the chair, but had not died due to mechanical fault (Harrison & Melville, 2007). The Supreme Court Justice stated that because the defendant had been already subjected to the electric chair does not make his later execution any crueler than any other executions. This could affect a persons’ mental and physiological state of mind, knowing that they were going to die and then not dying...
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...Controversy over the eighth amendment has been a major topic of debate for many years across the United States. The eighth amendment reads, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (Cornell University Law School). Under the eighth amendment is the clause that focuses on the infliction of cruel and unusual punishment, which is one of the most controversial clauses of the United Stated Constitution in today’s debates. There are those who advocate for the death penalty and those who oppose it, arguing that it constitutes as cruel and unusual punishment. With that being said, this paper will discuss the constitutionality of the death penalty. Controversy over the death penalty in the U.S. Supreme Court can be traced back to 1879 with Wilkerson v. Utah, which stated that the Utah territorial statue of execution by firing squad was not cruel and unusual punishment under the eighth amendment of the U.S. constitution. (Wikipedia: Wilkerson v. Utah) In 1972, the United States Supreme Court struck down capital punishment, reducing all death...
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...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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