Wednesday, September 22, 2010

8th Amendment

THOMPSON v. OKLAHOMA:CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF OKLAHOMA.November 9, 1987
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=487&invol=815

Amendment 8, Cruel and Unusual Punishment
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

 The article Thomas vs. Oklahoma is about a 15 year old boy who helped physically helped murder someone. The supreme court demanded that he be tried as an adult, so then he was convicted and sentenced to th death penalty,and the Court of Criminal Appeals of Oklahoma affirmed. His lawyer made it clear that this violated the eight amendment because it violated the sixth amendent, the sixth amendment prohibits minors under the age 16 to be executed. Therefore that would be a cruel and unususal punishment for a minor who commited the murder when he was 15.

    This connects to amendment 8 of the United States constitution. In the 8th amendment it says you can get cruel punishment, which he commited a cruel crime, but he still is under age and cant be treated like an adult because you is still very young and knieve. Anyways the constitution says that the supreme courts actions are unconstitutional because it says that you should not recieve an cruel punishment, and given the death sentence I would have to say is pretty cruel. So the constitution says it is unconstitution so it shouldnt be done.

   In my opinion the young boy should be tried like an adult because he took someone elses life away. But then again the judges to listen to what he says happen, like if it was for self defence then he should not have the death sentence. Then again if he commited the murder just to commit the murder then he should have life in prison, not the death sentence because remember he is still only 15 years old, and they are young and make mistake, but at that age you should know right from wrong.





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