MY CUP ESSAY - Brandon Hopen AT Constitutional Law-1 Mr...

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AT Constitutional Law-1 Mr. Daniel Cruel and Unusual Punishment 1) Hudson vs. McMillian Facts Keith Hudson, a Louisiana prison inmate was handcuffed and shackled on his way to the prisons lockdown security area. Hudson got into an argument with his guards, McMillian and Woods. The prison guards responded by beating Hudson, resulting in minor bruises, facial swelling, loosened teeth, and a cracked dental plate. Respondent Mezo, a supervisor on duty, watched the beating. Rather then engaging and reprimanding the officiers, he merely witnessed the beatdown and told the officers "not to have too much fun." Hudson contested that the unnessary brutality he suffered by the prison guards violated the 8 th Amendment. Issue The issue before the court was whether the 8 th amendment of cruel and unusual punishment is extended to prisoners, although they don’t suffer “serious injury” Holding The ruling of the court was a 7-2 decision in favor of Hudson that the use of excessive physical force against a prisoner may constitute cruel and unusual punishment even though the inmate does not suffer serious injury. Justice Scalia and Thomas dissented. Scalia wrote for the minority stating that “In my view, a use of force that causes only insignificant harm to a prisoner may be immoral, it may be tortuous, it may be criminal, and it may even be remediable under other provisions of the Federal Constitution, but it is not "cruel and unusual punishment." I agree with Scalias opinion. “Cruel” is defined as causing pain or suffering, “unusual” is applied as distinct from norm. So in order for Hudson to be protected he must have had extreme suffering. Beatings are common in prison, especially if the prisoner disturbed the guard to the point where the guard inflicts violence. I agree that there should be other consequences, but a violation of the constitution is not one of them. 2) Roper vs. Simsons Facts In 1993, Christopher Simmons, at the age of 17 had a plan to murder Shirley Cook with the help of friend Benjamin. The plan was to commit burglary and murder by breaking and entering, tying up a victim, and tossing the victim off a bridge. Simmons and Benjamin broke into Mrs. Crook's home, bound her hands and covered her eyes. They drove her to a
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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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MY CUP ESSAY - Brandon Hopen AT Constitutional Law-1 Mr...

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