lp.findlaw.com/scripts/getcase.pl?court=U.S.&vol=408&invol=238). The issues surrounding the 8th Amendment are often complex. The cruel and unusual punishment clause, for instance, may well be at a constitutional crossroads as we move into th Continue Reading...
The First Amendment The First Amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people p Continue Reading...
8th Amendment Amendment 8 - Cruel and Unusual Punishment The Eighth Amendment (Amendment VII) to the American constitution is part of the American Bill of Rights which was ratified in 1789. The Amendment was to prohibit the States government from i Continue Reading...
Amendments from the Bill of Rights in U.S. amendments 1st amendment 5th amendment 8th amendment Policy necessary for police investigators when interrogating suspect Type of crime Constitutional right upheld Rationale of the policy Evaluation Continue Reading...
CIV S-90-0520 LKK JFM P, 2009 WL 2430820 (E.D. Cal. Aug. 4, 2009). (2010). Harvard Law Review, 123(3), p.752-759. This article discusses the civil rights case Coleman v. Schwarzenegger wherein the plaintiff sued California Governor Arnold Schwarze Continue Reading...
GOVERNMENT Government: US ConstitutionState laws cannot conflict with the Constitution, which is a constraint for state laws. It is so because if the conflict occurs, federal law shifts the state law under the Supremacy clause of the Constitution (Co Continue Reading...
Excessive Use of Police Force in the State of California Excessive Force in California The objective of this study is to examine the use of excessive force by police officers in the State of California. Toward this end, this study will conduct an e Continue Reading...
Like many other of the court's death penalty cases, Roper was a close 5-4 decision of the nine justices (p. 58)." It is interesting to note that this decision by the Supreme Court concerning the death penalty and individuals under the age of 18 wou Continue Reading...
The trial court was concerned with the State's lack of a written protocol specifying the chemicals and doses, the lack of consistency in its administration, the total discretion give to Dr. Doe I, and the lack of oversight over the doctor. The trial Continue Reading...
Moreover, in Perry v. Louisiana, 498 U.S. 38 (1990), the Court used that decision to bolster Louisiana's attempts to forcibly medicate a prisoner in order to make him death-eligible. If one agrees that the death penalty is a just penalty for one who Continue Reading...
Panetti has not challenged those factual findings on appeal." Panetti could not be considered incompetent to stand execution based on Ford v. Wainwright. Similar to Panetti, Ford did not initially argue mental illness, but during the trial he devel Continue Reading...
Justice Antonin Scalia's philosophy and contributions to the US Supreme Court, and the effect of his demise on the Court, particularly on Amendments IV, V, VI and VIII. Philosophy and Impact of the Death of Scalia Owing to Justice Scalia's Continue Reading...
U.S. Constitution: Discussion Questions A) The Fourteenth Amendment: the Case of Whitney V. California 274 U.S. 357 Whitney V. California (No. 3) Argued: October 6, 1925 Decided: May 16, 1927 453 Affirmed Location: Socialist Convention at Lori Continue Reading...
Capital Punishment Is Capital Punishment Cruel and Unusual? What is cruel and unusual punishment? Does the definition of cruel and unusual punishment change with time and changing social mores? Does the determination of whether or not a punishment Continue Reading...
growth and use of the First, Fourth, Fifth, Sixth, and Eighth Amendments to the Constitution using the modern day criminal justice system. According to Webster's dictionary of Law, Judicial Activism is defined as: "The practice in the judiciary of Continue Reading...
As such, it is unlikely to change in light of knowledge or information about the death penalty and its administration" (Vollum & Buffington-Vollum, p. 30). Furthermore, "those who scored higher on value-expressive attitudes were less accepting o Continue Reading...
Police Officer Murder Death Penalty Scenario The case of 20-year-old Jesse James, who was recently arrested for the alleged murder of a police officer, is one which is sure to arouse the public's sense of righteous indignation, with friends, family Continue Reading...
The debate over the death penalty remains and the Supreme Court will most likely be asked decide such cases for years to come. Summary and Conclusion The purpose of this discussion was to examine several landmark Supreme Court cases and explain th Continue Reading...
Death penalty is generally conceived of as the supreme legal sanction, inflicted only against perpetrators of the most serious crimes. The human rights community has traditionally held a stance against the death penalty for a wide variety of reasons: Continue Reading...
Execution for Committing a Non-Homicide Sex Crime The last execution of an individual found guilty for committing a non-homicide sex crime occurred 50 years ago. The use of the death penalty against such offenders was halted partly because of claims Continue Reading...
death penalty and minors - recent Supreme Court finding Death Penalty was extensively applied in the olden times across the world. The modern crusade for banning of capital punishment started in the 18th century with the writings of Montesquieu and Continue Reading...
