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02.04 Fact Finding

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Al'Kerria Ford

on 21 April 2017

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Transcript of 02.04 Fact Finding

Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.
Landmark Cases
Holt v. Sarver, 1970
Is the first in a series of American common law cases that have found an entire prinson system in violation of prisoners' constituonal rights by inlfliocting cruel and unuasal punishment.

https://www.jstor.org/stable/1339719?seq=1#page_scan_tab_contents

Furman v. Georgia, 1972
William Furman was sentenced to death after he was found guilty of murder while he was attempting to burglarize a house.

3) Gregg v. Georgia, 1976
Tony Gregg was sentenced to death after he was found guilty for armed robbery and murder. Gregg believed that the sentence was unconstitutional.

http://badboysbailbondsutah.com/10-cases-violated-the-eighth-amendment/












Domain-Specific Vocabulary/Key Terms
Violation: the action of violating someone or something.

Inflicting: cause (something unpleasant or painful) to be suffered by someone or something.

Death:the action or fact of dying or being killed; the end of the life of a person or organism.


Guilty: culpable of or responsible for a specified wrongdoing.

Contemporary Cases
Graham v. Florida, 2010
When Terrence Graham was 16 years old he was convicted of armed burglary and attempted armed robbery. On appeal, he argued that the imposition of a life sentence without parole on a juvenile, on its face, violated the Eighth Amendment and moreover constituted cruel and unusual punishment, and thus violated the Eighth Amendment. Terrance Graham's sentence guarantees he will die in prison without any meaningful opportunity to obtain release.

Montgomery v. Louisiana, 2016
Henry Montgomery was found guilty and received the death penalty for the murder of Charles Hunt, which Montgomery committed less than two weeks after he turned 17. The death sentence violated the Eighth Amendment rights.

Miller v. Alabama, 2012
Evan Miller, along with Colby Smith, killed Cole Cannon by beating Cannon with a baseball bat and burning Cannon's trailer while Cannon was inside. Miller was 14 years old at the time.Miller filed a post trial motion for a new trial, arguing that sentencing a 14-year-old to life without the possibility of parole constituted cruel and unusual punishment in violation of the Eighth Amendment.







Domain-Specific Vocabulary/Key Terms from the video.
English Bill of Rights in 1689: declared the rights and liberties of the people and settling the succession.

Abuse: Cruelty or violence for a bad purpose.

8th Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

Constitution: Body of Principles, established precedents according to which a state or other organization is acknowledged to be governed.
02.04 Fact Finding
Domain-Specific Vocabulary/Key Terms
Juvenile: of, for, or relating to young people.

Sentence: the punishment assigned to a defendant found guilty by a court, or fixed by law for a particular offense.

Imposition: the action or process of imposing something or of being imposed.

Death Penalty: is a government sanctioned practice whereby a person is put to death by the state as a punishment for a crime.


Advocacy Articles.
An execution in Texas was a moral failure and a legal one, April 4, 2014

Tommy Sells was responsible for a series of unknown heinous murders. Those who represented Sell in this cases believes that it was a insufficient cause for the government to kill him. They thought it was best for him to die from natural causes.

The Ultimate Outrage, June 27, 1989
The Constitution didn't forbid the execution of teenagers and the mentally retarded. They believe that the U.S. Supreme Court had not not only did violence to the eighth amendment but also the civilized people of the world today.

Torture Euphemism? July 2, 1989
An San Diego police force have been using a technique that they call the "pain compliance" for torture technique to carry out arrests. They have broken bones, dislocated bones, nerve damage and other injuries resulting to pain.

http://articles.latimes.com/keyword/eighth-amendment

Domain-Specific Vocabulary/Key Terms
Natural causes: is one that is primarily attributed to an illness or an internal malfunction of the body not directly influenced by external forces.

Technique: a way of carrying out a particular task, especially the execution or performance of an artistic work or a scientific procedure.


Forbid: refuse to allow (something).


Euphemism: a mild or indirect word or expression substituted for one considered to be too harsh or blunt when referring to something unpleasant or embarrassing.

Heinous:(of a person or wrongful act, especially a crime) utterly odious or wicked.
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