Blake CUP - Blake Groll Cruel and Unusual Punishment...

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Blake Groll December 12, 2011 Cruel and Unusual Punishment 1-Hudson v. McMillian Facts- Keith Hudson was an inmate at the State Penitentiary where four correction security officers during the early hours placed Hudson in handcuffs and shackles and took the prisoner towards the administrative lockdown area. On the way the officers punched Hudson in the mouth, eyes, chest and stomach while another officer punched him from behind. The supervisor watched the beating and told the other officers not to have too much fun. As a result of the beating Hudson suffered minor bruises and swelling of the face mouth and lip. Issue- Whether the use of excessive physical force against a prisoner may constitute cruel and unusual punishment when the inmate does not suffer serious injury. Holding- The court ruled “The absence of serious injury is relevant to the Eighth amendment but does not end it”. The court focused on the Whitney rule: whether force was applied in a good faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm.
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Application- The court applied the rule that the blows directed at Hudson which caused swelling, loosened teeth, and cracked dental plate are not deminimouse or inconsequential under the eight amendments. In my view the Supreme Court was correct in focusing on the acts of the officers rather than on the severity of the injury. The actions of the officers violated the Eighth Amendment. Roper V. Simons Facts- On September 9, 1993 Christopher Simmons was charged for the murder of Shirley Crook. Crook’s body was found in the Meramec River in St. Louis County. Simmons had tied Crook to an electric cable, leather straps and duct tape, Crook’s was covered in bruises around her body and had fractured ribs. The medical examiner claimed the cause of her death was drowning. Prior to the crime, Simmons had no previous criminal record . Issue- Whether the imposition of the death penalty on a person who commits a murder at age Seventeen is "cruel and unusual," and therefore barred by the Eighth and Fourteenth Amendments?
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This note was uploaded on 12/24/2011 for the course ECON 1011 taught by Professor Bob during the Spring '11 term at Bob Jones University.

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Blake CUP - Blake Groll Cruel and Unusual Punishment...

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