Tuesday, September 13, 2011
Cruel and Unusual Punishment
Cruel and Unusual punishment is an unreasonable to the crime that was committed. An example of this punishment is chinese water torture, when the arms and the legs of the victim are restrained and someone slowly drips water onto their forehead. We should definitely make it more clear on what constitutes as cruel or unusual punishment because there is no specific limitations as of right now. I think this amendment is necessary because without it things could change and punishments that are unacceptable could be given.
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4 comments:
I agree that the idea that the amendment is made to help American people by preventing unconstitutional prosecution however I disagree with making changes. If we added specifications on how this law should be used we would end up with an endless list of restrictions. This would more than likely to cause more harm than good and people will wish the law was broad as it is now. I think the best thing to do would be to allow the American people to decide right from wrong in a particular situation. Even though water torture is cruel it should be ok if the person is seen to deserve it by the American people.
I think that I agree more with Tiffany. There are some forms of punishment that should never be introduced into the correctional system, and it would seem as though legal action is the only way to go. I think that rather than tackle it all at once though, as things like the Death Penalty and water boarding come up, and it is decided that they are cruel and or unusual, we should add them to our master list.
I agree with Austin that no more specifications should be put in place. However I don't think that torture should ever be a punishment for someone. Especially the water torture. Most of the time the judge gives out a punishment that fits the crime. And if it is seen as cruel or unusual, people can appeal. I think the system is good right now as it is.
I agree with Austin & Ben. Making changes too specific to the amendment, could cause people to just find loop holes in punishments. If a punishment is seen as cruel and unusual, like Ben said, people can appeal.
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