The 8th Amendment: Cruel and Unusual Punishment

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Presentation transcript:

The 8th Amendment: Cruel and Unusual Punishment

Instructions Use the links to watch each video and answer each question in detail in your notebook. Also write up one open-ended question for each video. You will need your responses and questions for a classroom discussion.

The Eighth Amendment Prohibits excessive bail, excessive fines, and cruel and unusual punishment.

Are these laws a form of cruel and unusual punishment? Mandatory sentencing- Video 1-https://www.youtube.com/watch?v=k_hTTiT0ATA Video 2-https://www.youtube.com/watch?v=Z86627p2eR8&t=240s Do you believe that mandatory sentencing deters individuals from committing crimes? Should mandatory sentencing apply to juveniles? Are these laws a form of cruel and unusual punishment?

Make a case for keeping them in prison or releasing them or both. Drug charges and Mandatory sentencing-https://www.youtube.com/watch?v=pPSIJJAlMHg Marijuana has now become legal in many states and in Mr. Mizanskey’s case he was released. Should states revisit the sentencing in the cases of those convicted prior to the passing of new laws and possibly release them from prison? Make a case for keeping them in prison or releasing them or both.

Solitary confinement-https://www.youtube.com/watch?v=siIPV0rvD2Q Watch video to minute 21 and answer the question in your notebook Does solitary confinement violate a persons constitutional right of cruel and unusual punishment or an essential tool to keep prisoners and staff safe?

Misidentification and wrongful convictions https://www. youtube As technology has improved there have been a number of cases that have had the convictions overturned because of DNA, which has led to a discussion of creating DNA banks. That is for individuals to voluntarily or in the view of some to give a sample of their DNA mandatorily to avoid wrongful convictions and to find criminals at large. Would you support such process or law if proposed? What do you see as a major concern for people?

Death Penalty The death penalty was declared unconstitutional in 1972, but was reinstated in 1976, after procedural changes were implemented.