Pol wk 3 Q 1 - Consequently, these debates often veer into...

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The Eighth Amendment to the United States Constitution primarily prohibits cruel and unusual punishment, as well as excessive fines and excessive bail. The main issues that have arisen as a result of the Eighth Amendment primarily relate to the death penalty as well as to the Three Strikes laws that a number of states have adopted. Obviously, there are a number of individuals who contend that the death penalty clearly runs afoul of the Eighth Amendment's prohibition against cruel and unusual punishment. Further, the Three Strikes laws often result in individuals getting life sentences due to a relatively minor offense because it is their third conviction, and so many feel that the disproportionate sentencing that results also violates the Eighth Amendment.
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Unformatted text preview: Consequently, these debates often veer into arguments that are defined by ethical codes, as what constitutes cruel and unusual punishment is not defined by the Eighth Amendment, and is therefore a relatively subjective legal term of art. In terms of the death penalty, the debate occurs between individuals whose ethical code is similar to the traditional "eye for an eye" position, and those individuals whose code of ethics feel that it is wrong for the state to participate in a killing. As to the Three Strikes laws, the argument occurs between those who believe that individuals should be punished for the cumulative effect of their legal problems, whereas others feel that the punishment should relate only to the offense at hand....
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This note was uploaded on 02/16/2012 for the course AMERICAN I American I taught by Professor Americaninternationcollege during the Spring '12 term at American Internation College.

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