Amendment+8

Amendment 8



//[|Child rape case, death penalty?] In this case, Patrick O Kennedy raped a young girl. He claimed that two neighborhood boys had attacked her and fled on bicycles. The girl testified at the trial that Patrick O Kennedy had raped her. His crime was considered so bad that he was sentenced to death. This would be the first time in thirty one years that someone is sentenced to death for a non-homicide crime.

[|Trop v. Dulles]// ([|1958]) In this case, it stated that punishing a natural born citizen, for a crime, taking away his citizenship is excessively unconstitutional. Even though it wasn’t “torture”, but it was total destruction of a citizen’s status in an organized society. In other words, the following action isn’t not necessary at all. I agree with this outcome, due to the fact that they could have came with jail or short sentence in prison as a punishment.

[|rape warrent] In this case, Patrick Kennedy is on death row at Louisiana's Angola Prison, awaiting capital punishment for brutally raping his 8-year-old step daughter.But does executing someone for child rape violate the 8th Amendment, which bars cruel and unusual punishment.Farai Chideya speaks with Ted Cruz, the former Solicitor General of Texas, who also participated in Kennedy's Supreme Court appeal.We also hear from Judy Benitez, the executive director of the Louisiana Foundation Against Sexual Assault.

[|A cruel and unusual punishment] On March 2, 1998, an 8-year-old girl was raped in Harvey, Louisiana, across the river from New Orleans. At the trial of Patrick Kennedy, five years later, a jury credited the state's version of the facts--that the little girl was awakened early in the morning to find her 300-pound stepfather on top of her, undressing her, with his hand over her mouth to keep her quiet before forcing himself inside her, causing internal injuries and heavy bleeding. The jury heard that for the initial eighteen months after the rape, the girl had insisted that she was raped by two teenage boys outside her house; they heard that she did not assert that her stepfather had raped her until after she was removed from her mother's care, placed in foster care and told that her stepfather was the person responsible

//[|Robinson v. California]// ([|1962])

In this case, the court decided that a 90 day jail sentence was violating the eight amendment for cruel and unusual punishment. What did the victim do? They were addicted to narcotics, witch is considered an illness. As crazy as this sounds, this actually happened, because the person apparently couldn’t be accused for an illness, rather then a specific act. I dissagree because addcition isn't an illnes at all. It is their fault in the first place for doing it.

http://www.thefreelibrary.com/U.S.+Appeals+Court:+OFFICER+ON+PRISONER+ASSAULT-a067205154

A female in a correctional facility said she was raped by a prison guard and wasn’t given proper medical care. The court found the man guilty of forcing the inmate into having sexual intercourse and that the force was applied maliciously. http://www.oyez.org/cases/1970-1979/1971/1971_69_5003/

A man fell on a gun and killed his ex-wife, he was sentenced to death. The question was the punishment a violation of the 8th amendment? The supreme court thought so.