Sunday, September 18, 2011
should he get 30 lashes?
Cruel and unusual punishment is mostly dictated by social means and determined by the court systems. The 8th amendment is an addition to the philosophy of a governing body by the people for the people, individuals can determine and speak against what they personally believe regarding a punishment to an individual by the law. Cruel and unusual punishment is a bit of a check and balance between the courts decisions regarding punishments and the people's opinions. It gives the power to the individual to petition against a cruel punishment. When it comes to determining if a punishment is unjust depends upon the crime done, region of country it was done, people involved in crime, and many other factors that make drawing a line on cruel punishment virtually impossible. But there is the common sense of not giving a man smoking a doobie in his living room the same punishment as a rapist. In conclusion, the 8th amendment is greatly needed in order for the government to be checked and balanced by the people.
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2 comments:
I agree with Quinn with the fact that cruel and unusual punishment is a bit of a check and balance between the courts decisions regarding punishments and the people's opinions. If we didn't have these checks and balances then we would have big problems. There are many people who would be strong believes that if someone kills someone they can kill them as well. Furthermore situations as Quinn described when a man smokes a doobie and get the same punishment as the man who raped someone. Crimes will keep happening but its the severity of the punishment that stops them, however if the punishment is whack then maybe the law isn't helping as much as they think. The rules need to be set and they need to be fair .
I agree with Quinn because like he said theres a fair line between what everybody thinks about punishments. It has to be delt with in the most serious way when it come to cruel and unusual punichments. People need to understand that just because somebody else might have done something and didnt get a harsh punishment for it doesnt mean that if they do it they will get the same thing.
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