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The bill of rights 8th amendment
Amendment 8 bill of rights
8 amendment constitution
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The Duke lacrosse case implicated criminal actions of: first degree rape, first degree sex offenses’ and kidnapping charges against three Duke University lacrosse players; Collin Finnerty, Reade Seligman and Dean Evans (North Carolina State Bar v. Nifong, 2007,p.18-20). According to Mosteller (2007) the case started with “gang rape allegations” by Crystal Mangum, a black exotic dancer who was also a student at North Carolina Central University on the morning of March 14th, 2006 (p.1337). The alleged rape occurred during the Duke lacrosse teams’ party at 610 North Buchanan Blvd (North Carolina State Bar v. Nifong, 2007,p.1). Suspiciously Mangum could not make any identifications of her attackers even after viewing most Duke lacrosse team members including the names mentioned above and the lacrosse team members who actually lived at 610 North Buchanan Blvd (Mosteller, 2007, p.1407). Mosteller (2007) also mentions that Mike Nifong had to know that
The same year Hendricks was facing release Kansas enacted legislation to address the civil commitment of individuals known to be sexual predators. The result was the Sexually Violent Predator Act, Kan. Stat. Ann. § 59-29a01 et seq. (1994), known as K.S.A. 59-2901 et seq.
Policy Analysis: Megan’s Law Sexual violence, particularly against children, is a significant issue all around the world. In the early 1990’s in the United States, there were multiple well-publicized cases of sexual violence against children. From kidnappings, to rapes, and everything in between, violence was being committed against children and something needed to be done about it. In 1996, Megan’s Law was passed in response to the sexual assault and death of Megan Kanka, a seven-year-old from New Jersey (Corrigan, 2006).
“The Sentencing Reform Act of 1984” The article, “The Sentencing Reform Act of 1984” (2015), written by Eric Girault, persuades the audience that the enactment of the law did not reduce crime in societies, but was misappropriated, which caused a negative impact on families and their communities. Girault describes this by sharing his personal anecdote on receiving a harsh prison sentence for a non-violent crime as a first time offender. He uses trustworthy resources in order to substantiate his claim. Girault’s intended audience for this piece of writing is the general public, specifically those that lack knowledge of the law and its due process.
Prior to Hendricks, the Act had never been invoked. As a result of, Hendricks past serial sexual pedophilia the State of Kansas sought to have to Mr. Hendricks committed to a mental institution. Hendricks did not agree with the states choice to institutionalize him and therefore, challenged his commitment on the grounds of , inter alia, also known as "substantive" due process, double jeopardy, as well as ex post facto. The question then before the court in Kansas v. Hendricks was did the Sexual Predator’s Act civil commitment
According to the research of Kimberly Lonsway and police sergeant Joanne Archambault, when an individual is raped in the United States, 96% of the time the rapist dodges the crime. The majority of these rapes do not go through the prosecution process and when they do, less than 0.2% of these perpetrators spend time in a prison cell (Krakauer 121). The main cause of this ongoing problem is the ineffective and unfair representation of rape victims by the justice system. Jon Krakauer argues this point in his novel, Missoula: Rape in a College Town and the Justice System, using narratives as his main focus of support. Through this use of narratives, Krakauer appeals to logos, encapturing the various actions and perspectives of those who played
Chapter Eight of the book Flawed Criminal Justice Policies, authors take the closer look at the laws and faulty policy regarding the sex offenders. According to the book policy makers started the myriad laws to protect the public from the sex offenders with increased prison sentences, and restricting the residences to the violators. Today we have very similar situation when it comes to treatment of sexual offenders. The process starts with the sex offender being committed to the prison sentence, and lastly to being registered as a sex offender on many public websites, so that the people could distinguish who the sex offender is and where he/she lives. In this chapter we can learn about a lot of different statues that were made to protect people from the sex offenders.
In the book, Missoula: Rape and the Justice System in College Town, by Jon Krakauer, the reader delves into how rape and sexual assault are treated in the town of Missoula, and the University of Montana. As the reader, we are informed on how the university, the police department, the district attorney’s office, and the community reacted to these rape and sexual assault allegations. We see how the criminal justice system has failed the victims, and are forced to live with what happened to them, while their assailants are free of any burden. The law is set in place to protect people from victimization, but when the men, in this book, are not legally held accountable, then any woman, or man, is more susceptible to victimization. It is interesting
Missoula: Rape and the Justice System in a College Town is a in-depth look at the issue of sexual assault on college campuses as told through the stories of students at the University of Montana in Missoula. Through the narratives, author Jon Krakauer ties in statistics and information creating an effective work that stands as emotionally compelling while remaining grounded and applying these stories to the greater problem of sexual assault. It tackles one of the biggest problems surrounding sexual assault in general, the treatment of the accused compared with the treatment of the accuser. Though Missoula focuses on the victims, it does provide much of the necessary background and possible motivations for the assaulters. These insights contribute
In the scenario, a community corrections officer subdues an unruly offender who is in custody by spraying mace on the offender, and it also affects another alleged violator in an adjoining area. The Eighth Amendment of the United States Constitution states that there should not be any cruel or unusual punishments inflicted (U.S. Const. amend. VIII). Based on the facts in the scenario, I do not believe that the offender in custody or the alleged probation violator waiting had their Constitutional rights violated.
The Supreme Court found the denial of medical care to prisoners incompatible with evolving standards of decency and running afoul of the Eighth Amendment, which prohibits cruel and unusual punishment. The Court imposed the obligation of providing adequate medical care on prisons because “[a]n inmate must rely on prison authorities to treat his medical needs; if the authorities fail to do so, those needs will not be met.” To deny such care could result in pain and suffering. The Court concluded that the Eighth Amendment is violated when corrections officials display “deliberate indifference” to an inmate’s medical needs. Deliberate indifference is the conscious or reckless disregard of the consequences of one’s acts or
In this scenario there are a lot of prisoner getting raped. Although, they are prisoners they still have some constitutional rights that apply to them as a prisoner. Their still entitled to be protected by the correctional officers at all times and if something happens to them the officer that is on duty at that time could face charges for violating their constitutionals rights. Therefore, if a prisoner is being raped on a regular basis and there is nothing being done about it then this is a violation of their Eighth Amendment right of cruel and unusual punishment because the officers knew about the rapes and done nothing to stop them. I feel that the ethical issue involved in this scenario is that the prisoners are being raped and the
In 1826, the first mention of prison rape in the history of the republic, Rev. Louis Dwight wrote that “Boys are Prostituted to the Lust of old Convicts” throughout the institutions he surveyed from Massachusetts to Georgia. Dwight, the founder of the Prison Discipline Society of Boston, a prison reform group, wrote that “Nature and humanity cry aloud for redemption from this dreadful degradation.” It was not until the 21st century that the nation saw its first anti-prison-rape legislation. Last year, congress passed the Prison Rape Reduction Act, which allocates $60 million to support rape-prevention programs run by federal, state, and local corrections staff and to aid investigations and punishment of perpetrators. The bill, which enjoyed
In society and college campuses, sexual assault occurs quite frequently. According to an estimation one third of women experience a forced sexual experience at least once in their life and most of the time it occurs in colleges. Men have also been reported to be victim of sexual assaults mostly by other men. Most of the time the sexual assault is planned and perpetrated by a third person, who is known to the victim of incident. Drug and alcohol use play role in this issue and contribute to the problem as most of the time the victim and perpetrators are under the effect of alcohol or any other drug during the incident.
Personality serves as an individual's attitude that ultimately form characteristics that make them unique from others. This can be expressed through an individual's behavior, perceptions, beliefs, etc...which really shows and demonstrates what they believe and stand for to express who they are. Personality Psychology is a branch or sub-field in which studies scientifically the characteristics of an individual that influences them to make their choices concluding in making them their unique self (Friedman & Schustack, 2012, p.2). The first of the eight perspectives that help understand an individual is the unconscious aspect. Unconscious aspects are forces that influence an individual unintentionally without them being aware of it consciously