Protection from Cruel and Unusual Punishment Interactions
Chris is
convicted of illegal hacking. He is sentenced to 25 hours of community
service and 15 lashes of the whip. Is this cruel and unusual punishment?
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Chris’
brother, Jim, is convicted of computer hacking the following year. Hacking
has become a common crime among minors, and the threat of spending some
time in juvenile detention centers does not seem to work as a deterrent.
The legislature passes a law granting judges broad discretion in sentencing
minors convicted of hacking, hoping that this will reduce the costs of
hacking which are traditionally passed on to computer consumers.. At sentencing,
Judge O. D. Nater orders Jimmy to stand outside the computer store in
his local mall for 2 weekends holding a sign which says “I love
my computer more than I love you.” The sign also had a graphic illustration
implying that Jimmy was engaged in a sexual act with a computer. Will
the sentence withstand Eighth Amendment scrutiny?
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The state
of Arklahoma passes a law stating that “any person found guilty
of contracting HIV/AIDS shall be punished by a fine of not more than $500
and by service to the community of not more than 100 hours.” Judges,
of course, have the discretion to impose a far smaller fine and far fewer
hours of community service.
Evaluate the following statement: This statute violates the Eighth
Amendment guarantee against cruel and unusual punishment. |
Eddie is convicted
of bilking unsuspecting elderly folks out of thousands of dollars by running
several different cons. He is sentenced to serve 50 hours of community
service in a local retirement home. Eddie objects, offering to pay a fine
or do time, arguing that he can’t stand the smell of mothballs.
Nonetheless, the judge imposes his original sentence. Does Eddie have
a Constitutional claim available?
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