BOR Padlet by Matthew Stanley (LMS)

The Eighth Amendment

361153_3 — 2024-02-13 17:27:11 UTC

The eighth amendment gives us the right to mercy.
In the eighth amendment it says “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This means that the amount of bail cannot be set higher than what is necessary to prevent to crime. It also means that fines cannot be too severe compared to the offense being punished. Lastly when it says “nor cruel and unusual punishments inflicted.” It means that the punishment for the crime cannot be too severe to the crime itself. example: if you steal a loaf of bread to feed your starving family, you cannot be sentenced to death by burning. This is because the punishment is cruel compared to the crime itself

Hope v Pezler 2002

361153_3 — 2024-02-14 20:10:09 UTC

Larry Hope an Alabama prison inmate, was twice handcuffed to a hitching post for disruptive conduct. Both times the prison guards handcuffed Hope above shoulder height, and when he tried to moving his arms to improve circulation, the handcuffs cut into his wrists. During the second incident, guards ordered Hope to remove his shirt and he spent seven hours on the hitching post in the sun. While there, he was given one or two water breaks, but no bathroom breaks. Hope filed a civil lawsuit against the guards. But a Magistrate Judge found that the guards were entitled to qualified immunity*. While the court found that the hitching post’s use for punishment violated the Eighth Amendment, concluded that the guards entitled to qualified immunity.

Conclusion:
In a 6-3 vote, the court held that the defense of the qualified immunity of the guards protected them from being liable of handcuffing Hope to the hitching post.

*Qualified Immunity protects state or local officials, including law enforcement officers (prison guards), from individual liability unless the official violated a clearly established constitutional right.

Experiences in Everyday Life

361153_3 — 2024-02-15 17:43:09 UTC

We don't experience the 8th amendment very often except if you've committed a crime

Why the 8th Amendment is Important Today

361153_3 — 2024-02-16 04:25:41 UTC

The eighth amendment is important because it prohibits cruel and unusual punishments, it also prohibits excessive fines and bail. Without the eighth amendment today people would be punished cruelly and unfairly in relation to the crime they had done

CE1 Supreme Court Votes 7-2 to Allow Lethal Injection (pbs.org)

361153_3 — 2024-02-16 17:37:11 UTC

The Supreme Court voted on Apr 16, 2008 to uphold Kentucky’s use of lethal injection (form of execution), allowing the continuation of executions which were on hold since September.

CE2 High Court to Rule on Life Sentences for Minors (pbs.org)

361153_3 — 2024-02-16 17:40:28 UTC

The Supreme Court noticed arguments in two cases over whether sentencing minors to life in prison without a chance for parole constitutes cruel and unusual punishment.

Graham v Florida 2009

361153_3 — 2024-02-16 17:56:34 UTC

When Terrence Graham was 16yrs/old he was convicted of armed burglary and attempted armed robbery. He served a one year sentence and was released. Six months later Graham was tried and convicted by a Florida state court of armed home robbery and was sentenced to life in prison without parole*. On appeal he argued that life sentence without parole on a juvenile violated the Eighth Amendment and constituted cruel and unusual punishment. Florida disagreed. It held that Graham’s sentence was neither violated the Eighth amendment nor constituted as cruel or usual punishment

Conclusion:
The Supreme court held that the Eighth Amendment’s Cruel and Unusual Punishments does not permit a juvenile to be sentenced to life in prison without parole* for a non-homicidal crime. The court voted 6-3 in Graham’s favor

*The release of a prisoner temporarily before the completion of a sentence, on the promise of good behavior

Cartoon

361153_3 — 2024-02-16 18:07:54 UTC

Cartoon

361153_3 — 2024-02-16 18:08:42 UTC

(Cruel and unusual punishment)

Image

361153_3 — 2024-02-16 18:09:39 UTC

Image

361153_3 — 2024-02-16 18:10:37 UTC

What I would say about my amendment

361153_3 — 2024-02-16 18:11:57 UTC

All of the amendments are very important, but I ultimately think that the 8th amendment is the most Important. This is because without the 8th amendment people would be killed and tortured unfairly, as well as punished cruelly.