An examination into the criminal justice system in the U.S. as society becomes more fearful of crime and more concerned that the criminal justice system does not deter violent crime as it should. The writer states that the fear of crime is a driving force in elections and political battles and the desire of the people for tougher sentences can run afoul of the Constitution and its prohibition against cruel and unusual punishment. This paper uses a number of literary references to explore the concept of "cruel and unusual punishment", not just in relation to the death penalty, but the entire justice system.
From the Paper:
"Specific cases can create special circumstances which raise the issue of cruel and unusual punishment. In a decision in 1992, the Supreme Court decided that abuse suffered by inmates can constitute cruel and unusual punishment even if the injuries sustained are not serious ("Supreme Court Ruling Changes the Standard on Inmate Abuse" 195). The Michigan Supreme Court ruled in a case that a life sentence without possibility of parole for possession of cocaine violated the state's constitutional ban on cruel or unusual punishment (Hansen 25). This case of Harmelin v. Michigan went to the U.S. Supreme Court, which decided that the sentence in question did not violate the Eighth Amendment."
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Published by:
Research Group
Publisher Since:
Mar 21, 2001
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