This paper reviews several judicial court decisions to seek the meaning of "cruel and unusual punishment" as based on the Eighth Amendment to the U.S. Constitution.
Abstract This paper explains that, on the Federal level, the decision to apply the death penalty depends on the definition of "cruel and unusual punishment" that is cited in the Eighth Amendment; however, the U. S. Supreme Court disagreed with the use of the death penalty, reflecting a moral concern when it has claimed that the punishment is freakish. The author points out that, in "Coker v. Georgia", the Supreme Court remanded the case because the death sentence is a "disproportionate penalty" for rape, based on "the objective evidence of present public judgment", the Eighth Amendment bars "barbaric" and "excessive" punishment. The paper states that the Supreme Court must still determine whether it is necessary to demonstrate that the racial discrepancy is a consequence of "a pattern of intentional discrimination" and determine how large a discrepancy must be shown to constitute a violation of equal protection and "cruel and unusual punishment" clauses.
From the Paper "The argument was formally raised in McCleskey v. Kemp, when an African-American petitioner was found guilty of killing a white police officer in an attempted armed robbery of a store. The accused man's habeas corpus petition included the Baldus study, a statistical study which shows that there is a disparity in the imposition of the death penalty in Georgia, claiming that capital punishment is determined based on the murder victim's race and, to a lesser degree, the criminal's race. The study took more than 2,000 Georgia murder cases into account and conclusively determined that black murderers who kill white victims have the greatest likelihood of receiving the death penalty."
Abstract The Eighth Amendment to the Constitution of the United Sates of America provides that excessive bail should not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The paper shows that the Constitution does not explicitly define what constitutes cruel and unusual punishments. Consequently, this has frequently been a matter of debate.
From the Paper "The article I have reviewed deals with the issue of cruel and unusual punishment, with specific reference to the issue of whether imposing the death penalty on people who were under 18 when they committed a crime constitutes cruel and unusual punishment. The newspaper article here under consideration deals with reaction to a specific court ruling pertaining to the notion of cruel and unusual punishment."
The following paper compares Ambrose Bierce's short story "An Occurrence at Owl Creek Bridge" where a young man faces execution, to W. H. Auden's poem "Musee des Beaux Arts" which describes Breughel's painting, "Fall of Icarus".
Abstract This paper examines how both Bierce's short story and Auden's poem imply that humankind is cruel at best, indifferent at worst. However, the author discovers how these pieces also differ from each other in many ways. This essay distinguishes between the way in which Bierce sees death as a 'dignitary' who must be met with certain rituals as compared to Auden who sees death as haphazard, accidental, occurring without ritual or even much notice.
From the Paper ?Bierce and Auden seem to take a similar dim view of human nature. In the early paragraphs of ?An Occurrence at Owl Creek Bridge,? Bierce shows the condemned Farquhar to be a loving husband and father. (?He closed his eyes in order to fix his last thoughts upon his wife and children.?) Bierce also describes Farquhar as having a ?kindly expression.? However, this does nothing to soften the hearts of his captors. ?The liberal military code makes provision for hanging many kinds of persons, and gentlemen are not excluded,? Bierce tells the reader. Not only are the officers committed to hanging Farquhar, they make every possible effort to kill him following his ?escape.?
Abstract The paper discusses Gilbert Stuckey et al.'s book "Procedures in the Justice System" which explores the underlying philosophy and history behind the concept of justice in depth. The paper shows how the authors endeavor to create a deep understanding of the American justice system and the need for law and order for all. The author of the paper surmises that the American justice system is a double-edge sword in dealing punishment that fits the crime and that there is room for improvement so that the system doesn't unintentionally work against the victim. The paper also focuses on cruel and unusual punishment.
From the Paper "Our justice system is the mechanism for deterring crime"or so we think. Let's look at the facts. More than 1.5 million people are incarcerated in the United States today, .4% of the population Today, 25% or more of California inmates are incarcerated for drug related crimes. In the 1980s alone, 8% of the incarcerations were drug related and 57% were for violent crimes. And the statistics go on. So how effective is our justice system" Are we too lenient? Or are the loopholes of some of our laws preventing us from really curbing crime."
Abstract The basis for the analysis of two popular films is based on the theories written and discussed by Laura Mulvey and E. Ann Kaplan. The two films discussed are "Cruel Intentions" (1999) directed by Roger Kumble, and "10 Things I Hate About You" (1999) directed by Gil Junger. Both films are based on other stories from different periods of time, and given a new swing to be popular for teenage audiences of today. The writer shows how these films help illustrate the ideas of Mulvey and Kaplan.The writer focuses on directing and the eyes of the camera, through the portrayal of women in popular culture youth centred films.
From the Paper "Gender perspective is an important facet for studying society and culture through film. Gender is an essential perspective because we watch films on a screen as a portrayal from the eye of the camera and the director's point of view. There are two views the hegemonic male gaze and the feminist perspective, meaning through the eyes of a man, or the eyes of a women. The male gaze is the most common in film because of our patriarchal society. Most of the famous Hollywood directors are male. Very few females have made the transition into film making as a blockbuster director. Through the ranks of independent and art house films, female directors have begun to make their mark in the industry. Feminist filmmaking is often confused on negated by feminism in the broader sense. The ideologies and goals of feminism are the strive for equality, it seems that many have confused the search for equality with a more extremist view that women should be superior to men. By definition, feminism is a doctrine that advocates equal rights for women, as well as the movement aimed at equal rights for women , this is distorted in film through a fear of this empowerment and is therefore represented by bra burning, man hating, feminist cults. Equality has made many strides forward yet in some aspects of culture, a male dominance is so abundant. "
Abstract This paper discusses the literary element of irony in the writings of Flannery O'Connor. "Revelation", "A Good Man is Hard to Find", "Good Country People", and "Everything That Rises Must Converge", are all humorous stories. But the irony of O'Connor often becomes cruel and wicked as she mocks people and their appearances.
Abstract This six-page undergraduate level paper on the cruel and inhumane conditions cn South Carolina's rice plantations and focuses on the sad plight of the African people shipped to the Americas as slaves. It also concentrates on the material culture, living conditions and the journey of hardships and humiliation the blacks had to travel in order to gain equal status to those who owned them.
This paper discusses the problems of classifying Shakespearean comedies, using "Much Ado about Nothing," "The Tempest," and "Measure for Measure" as examples.
850 words (approx. 3.4 pages), 0 sources, 2004, $ 30.95
Abstract This paper explains that, in Shakespearean comedies, a specific play can have, at the same time, both a happy ending and a cruel ending, as well as a character being both good and evil. The author contends that "Measure for Measure" can be interpreted as one of the happiest and the scariest endings written by Shakespeare, and yet it is classified as a comedy. The paper concludes that, because there is little solid documentation about many of Shakespeare's ideas, it is nearly impossible to comment on how Shakespeare feels about anything in his plays and to determine if a play, which is listed as a "comedy", is really a comedy.
From the Paper ""Much Ado About Nothing" is an extremely humorous play, mostly about lovers and the obstacles it took to get two couples together. In the end of the play, there is not only one proposal for marriage, but two! All begin to dance and the 'happy' ending is reached, however, the villain of the play that caused these great obstacles has not been punished. He is here, at the 'happy' ending brought to the attention of the characters, so merry in their dancing and their future weddings."
Abstract This paper explains that Edgar Allan Poe's "The Tell-Tale Heart" succeeds because it is a scary story. The author points out that Poe utilizes the narrator's interior monologue in this story as an effective tool to provide a glimpse into this man's whose deteriorating sanity is an excellent example of how people can deceive themselves--especially in their own minds. The paper relates that the old man's beating heart is present only in the narrator's mind and may very well be the sound of his own heart pounding away in his chest after he has just completed his cruel act.
From the Paper "In many ways, Poe established a new way of storytelling. Jack Sullivan notes that Poe "revolutionized the horror tale, endowing it with new psychological insight and consistency of tone and atmosphere." Poe's tales are "painfully artful, interrupted by quotations and foreign phrases, and cluttered with adjectives as rococo as headstones in a Hollywood cemetery." Many of Poe's tales can best be described as "tales of intrusion--whether culmination in the act of violent murder or in the psychological violation of another person or in describing the internal war of the divided self." "The Tell-tale Heart" features what Parini calls "internalized elements of anxiety and fear pushed to an unrelenting extreme." The narrator's anxiety and our fear work together to create a heightened sense of terror as we read the story. We become attached to this man and his emotions because he is so intent on expressing them and so intent on us reading them and believing him."
Abstract The paper discusses how the principle of retributive justice remains evident in capital punishment. In meting out the final penalty, society is effectively saying that there is no hope for rehabilitating an individual. The paper explains that the principles of retributive justice could be used to justify the application of the death penalty in many cases. The paper also shows how social inequity, geography and even subjective interpretations have resulted in selective applications of the death penalty. This uneven application means that people who are meted the death penalty are subject to a punishment that is "cruel and unusual" which violates the Eight Amendment of the United States Constitution.
From the Paper "The principles of retributive justice could be used to justify the application of the death penalty in many cases. However, specific criteria need to be met. First, retributive justice demands that the punishment be commensurate to the crime. Thus, a just application of the death penalty demands that the person facing execution should have caused a loss of life."
Abstract The paper reviews the dynamics of the "Peter Pan" story in terms of how it has survived and evolved. The paper explains its themes that embrace the fantasy sanctuary where time stops and children never have to grow up to live in the violent world of "mature" adults. The paper maintains that the more cruel the adult world becomes, the more germane "Peter Pan" is to those who want to dream of a idyllic world where children are safe and will always be children. The paper looks at the movie "Finding Neverland", which features popular actor Johnny Depp playing the role of "Peter Pan" author, Sir. J.M. Barrie. The paper concludes that this is a book that has had an undying appeal through the decades.
Outline:
Introduction
Thesis
Why Has Peter Pan Stayed Popular
Finding Neverland
Conclusion
From the Paper "The recent savage slaughter in Virginia Tech's classrooms will be remembered, discussed and debated for years to come. No doubt some psychologist or psychiatrist and a smooth-talking media type or two will conclude that the killer was a "lost boy" who tried to reach out for help, gave all the signals, but somehow just didn't connect. Some creative shrink may even suggest that the shooter was like a Peter Pan character gone mad, a young man who didn't want to grow up and join the ranks of society, but didn't know where to run and hide. So, the story will continue, this tormented Peter Pan bluffed normalcy, played the grown-up game by going to college but secretly, stealthily, turned into a bloodthirsty version of Captain Hook, who, at the end of the play, made 32 innocent students "walk the plank" of his demonic ship of death."
Tags: fantasy, sanctuary, children, adults, Johnny, Depp, J., M., Barrie
Abstract The paper describes super-max prisons and how the lives of the inmates are made intolerable, bordering on a contravention of basic human rights. The paper depicts the extreme and even cruel privation, the isolation and control techniques and the lack of intellectual and spiritual stimulation and their psychological effects. The paper disagrees with the view that while the conditions and treatment of prisoners in these super security prisons is harsh, it is deserved. The paper asserts that this analysis throws an alarming light on super-maximum prisons and strongly suggests a need for reform.
Outline:
Introduction
Prison Type and Characteristics
The Lives of Inmates
Conclusion: Reasons and Criticism
From the Paper "The Human Rights Watch ( HRS) describes super-maximum prisons as environments that essentially contravene human rights standards and are often seen as places of "torture" rather than prisons. At present about two percent of the American prison population resides in these prisons. (SUPERMAX PRISONS: AN OVERVIEW) Supermax prisons are intended to house the worst offenders, including murderers, rapists, child molesters, etc. However, as will be discussed this is not always reported to be the case."
Abstract The author of this paper examines the use of capital punishment in the United States and examines the subject from a number of viewpoints whilst specifically discussing the Constitution of the United States and its stand on the subject.
Outline:
Introduction
The Moral Argument Against Killing as Punishment
Defining "Cruel and Unusual" Punishment
Fairness in Application
Wrongful Conviction
Balancing the Interests of Criminals and the Good of Society
Conclusion
From the Paper "The recent advances in the DNA sciences and forensic techniques has enabled criminal investigators to reexamine old case files containing preserved organic trace evidence to identify or eliminate suspects, and determine their guilt or innocence with scientific certainty and accuracy that was not available at the time the crimes were originally tried in court. Sometimes, reexamination of old evidence confirms the original conclusions; however, other times, modern analysis of old evidence does the opposite byexonerating those convicted of the crime. Several such cases have drawn significant media attention recently, both where individuals incarcerated for decades were finally released on the strength of modern reanalysis of old evidence, and more regretfully, where capital punishment was already administered.
This conclusive demonstration that capital punishment, like other forms of adjudicated determinations, is capable of being imposed wrongfully on the innocent is a very significant cause for moral concern. Again, the two arguments are (1) that the capacity for error makes capital punishment immoral on one hand, or (2) that the admitted possibility of error is addressable through improved procedural mechanisms without necessitating a reevaluation of capital punishment in principle, on the other."
Abstract The paper shows how we need to overcome the myths that many people believe about cats and dogs and about what spaying and neutering really accomplishes. So long as people believe that cats should not be spayed or neutered until after the female has had a litter or the male has reached a certain age, the problem will continue and grow more marked. The paper shows that those who want to prevent animals from suffering should think about the suffering caused by the huge cat and dog population that exists now and how much more cruel it would be if that population increased any further. Veterinarians know full well what benefits are achieved through spaying and neutering and also know that it is more cruel to allow these animals to grow old, get sick, live in the wild, or otherwise be unwanted and unloved because there are simply too many animals. The paper argues that we worry greatly about overpopulation in the human community in the future, but we have a clear vision of what overpopulation causes in our cat and dog population today. As hard as some people worked to reduce human population growth to a manageable figure, so should we work today to assure that the animal population also is under control.
From the Paper "However, as Adams (1997) notes, spaying and neutering is actually beneficial for the pet and for the owner alike. Spaying and neutering gives the pet a longer and healthier life. With spaying, a female's reproductive organs are removed, eliminating the chance of uterine and ovarian cancer. The risk of breast cancer also is greatly reduced. Spaying a female dog before her first heat cycle virtually eliminates the risk of breast cancer. Neutered males have their testicles removed, so there is no chance of testicular cancer. The chance of prostate problems in neutered male dogs is greatly reduced. Some pet owners worry that their pet will get fat or lazy after spaying or neutering. Their metabolism slows as they mature, but whether an animal is overweight is within the owner's control (Adams, 1997, 38)."
Abstract 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."
