Cruel and unusual punishment

There is no denying that the United States Constitution is a living document, that is in itself the foundation by which this country is to be governed. No matter ones position on contemporary and pressing social, economic and political issues, the Constitution is the guide and standard. Unfortunately, as a living document, it is open to interpretation by those who seek to use it to suit their purpose. For example, even preceding the 21st Century, the historical document has been used as a…

In my humble opinion, inmates that are serving a sentence in prison coincide, somewhat, with the current constitutional rights they are entitled to. First and foremost, it would be enlightening to know that every prisoner was serving a sentence that resulted from a solid case based on overwhelming and supportive evidence, to solidify their sentence in a fair and balanced manner. Historically, we have all learned of people that have been sentenced to prison and new evidence proved they were…

crimes that the only reasonable punishment for that crime is death. The government should never control what people can or can’t do when it comes to their bodies or private life, if the government tries to intrude…

The death penalty has taken several jabs that have led to its temporary halt and many restrictions. The Furman v. Georgia, 408 U.S. 238 (1972), was a case that combined two other defendants. All three defendants were African Americans, convicted and sentence to death. Two of the defendants were sentence by the state of Georgia, one for murder and the other for rape, while the third defendant was sentence by the state of Texas for rape. Fighting for equal protection under the law, this case…

Jurek v. Texas utilizes in the decision making process (CourtListener). Article 1257 has four subsections. The two main subsections that impact a jury’s decision are (a) and (b). Subsection (a) states “Except as provided in Subsection (b)” “the punishment for murder shall be confinement in the penitentiary for life or for any term of years no less than two.” (CourtListener). Subsection (b) has five different circumstances a jury looks into when choosing the sentence of life imprisonment or…

Although juveniles are protected against cruel and unusual punishment by the Eighth Amendment, many states in the U.S. are creating and implementing new laws designed to be more stringent with the juveniles. These new laws range anywhere from setting curfews to trying a minor as an adult. Studies show that not only has there has also been an increase in the number of minority juveniles being arrested, but minority youths are more likely to receive harsher punishments as well (Mears, Pickett, &…

and a student of Sociology at University of Colorado-Boulder, a 2008 survey showed that 88% of U.S. leading criminologists believe that capital punishment does not deter crime (501) and that less than ten percent of criminologists think that the death penalty is a more effective deterrent than LWOP (503). In fact, not only do experts believe capital punishment does not impede murder but data also shows that the death penalty entices crime. A 2007 study revealed that murder rates in states with…

history, people have condoned capital punishment and believe it to be a proper punishment for certain crimes. However, like with anything, there has been increasing scrutiny behind the death penalty. Capital punishment is the legal and politically correct way to refer to the death penalty. The death penalty has been around for thousands of years and has been performed in many different ways. Throughout time, the laws and rules surrounding this form of punishment have been altered and changed,…

the case to the Los Angeles Superior Court which upheld the sentence given. After a lot of controversy it was decided that the rulings be reversed because Robinsons 4th and 18th amendments rights were violated. It was argued that his punishment was cruel and unusual. This was an ongoing case for over a year, with a lot of controversy regarding protection rights of the 8th and 14th amendment. Finally on June 25th 1962 the Supreme Court came to a final decision, at this point Robinson had already…

I believe it is cruel and a form of torture that should not be allowed or permitted in any prison facility, even super-maximum prisons. Although I understand that, “solitary confinement is used to punish an inmate, protect an inmate from self-harm, or as a way to protect…