LEG 320: Criminal Law Case Study Essay
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LEG 320: Criminal Law Case Study Essay
Week 5 Discussion
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“The 8th Amendment Cruel and Unusual Punishment Clause and Proportionality” Please respond to the following:
- Read and analyze the article “Furman’s Resurrection: Proportionality Review and the Supreme Court’s Second Chance to Fulfill Furman’s Promise” located at http://cardozolawreview.com/wp-content/uploads/2018/07/SARMA_2009_238.pdf. Support or criticize the author’s position that the use of a meaningful proportionality review of a death penalty case can reduce the risk of an arbitrary death sentence. Justify your position and respond to no less than one of your peers.
Respond to the following student:
RE: Week 5 | Discussion [WK 5]
Victoria Fetherolf
RE: Week 5 Discussion Top of Form
Hello Professor and Classmates,
I support the author’s position in that the use of meaning proportionality review of a death penalty case can reduce the risk of an arbitrary death sentence. There are two key terms used here, “proportionality” and “arbitrary.” When we look at the word proportionality, it essentially means that the punishment must fit the crime. Now we must look at the word arbitrary. This word means that a death sentence should not be handed down at the will of the judge or legislature. By doing a proportionality review of a death penalty case, it can be determined that; one- the punishment fits the crime, and 2- that the legislature (judge) is not being prejudiced toward the poor, minorities, mentally ill, or other unpopular groups. There should always be checks and balances, especially when sentencing a person to death. Executing someone is a final choice, we as a society cannot go back after it is done. I do agree that in some cases capital punishment is a necessary evil. However, I also believe that every effort should be made to ensure that the decision to end a life is just and fair.
Thanks,
Vikki
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Week 5 Extra Credit Discussion- Death Penalty Reinstated by U.S. Attorney General Barr After 16 year Break
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Hi Class,
As you may have heard, it was announced last week that William Barr, our U.S. Attorney General, reinstated the death penalty for federal inmates on death row. Read the article (link below), Dustin Honken, North Iowa Man, Found Guilty of Five Murders, Among Inmates DOJ Orders to Execute and post your thoughts about these 5 scheduled executions for 10 extra credit points this week. Specifically, state whether you believe this is cruel and unusual punishment or not, considering the crimes committed by these 5 individuals. Also, discuss your overall thoughts about reinstatement of the death penalty after a 16 year break.
https://siouxcityjournal.com/news/local/crime-and-courts/dustin-honken-iowa-man-found-guilty-of-five-murders-among/article_9987faba-55e0-560d-ba12-9a22c3e0a93a.html
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