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8th grade Amendment debates


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1 point

The courts refrain from inflicting the death penalty on mentally ill people, mentally retarded people, and minors. This should allow the death penalty to be handed to appropriately. “However, in Bobby v. Bies, 556 U.S. 825, (2009), the Court held that states may conduct hearings to reconsider the mental capacity of death row inmates who were labeled mentally retarded before the Court decided Atkins, because before Atkins, states had little incentive to aggressively investigate retardation claims.”

“In Roper v. Simmons, 543 U.S. 551, (2005), the Supreme Court invalidated the death penalty for all juvenile offenders. The majority opinion pointed to teenagers' lack of maturity and responsibility, greater vulnerability to negative influences, and incomplete character development. The Court concluded that juvenile offenders assume diminished culpability for their crimes.”

Supporting Evidence: Cornell Law: Death Penalty (www.law.cornell.edu)
1 point

Here's the link you wanted and it's not just Houda's opinion, it's a very, very common opinion. Wouldn't you want retribution if someone killed your family?

Supporting Evidence: Retribution: Death Penalty (deathpenaltycurriculum.org)
2 points

It's not just from the Bible, this is also a well-known saying that everyone acknowledges and agrees with.

2 points

“"Unusual" has generally been understood to mean a punishment that is not usually associated with a particular crime but which is nonetheless applied arbitrarily in some cases. If nine of every ten jaywalkers were cited and fined $5 while the remaining one out of ten were fined $5,000, such a penalty would be "unusual."”

Supporting Evidence: This Nation - Death Penalty Unconstitutional? (www.thisnation.com)
2 points

In Baze v. Rees (decided Apr. 16, 2008), the US Supreme Court, in a decision written by Chief Justice John G. Roberts, held that:

"Simply because an execution method may result in pain, either by accident or as an inescapable consequence of death, does not establish the sort of 'objectively intolerable risk of harm"

Supporting Evidence: Death Penalties Pros and Cons (deathpenalty.procon.org)
0 points

Did you read over mine? I reposted this one already as my rebuttal against your argument.

1 point

“The punishment of the crime must be proportionate to the crime.”

Supporting Evidence: This Nation - Death Penalty Unconstitutional? (www.thisnation.com)
0 points

“A legislature may prescribe the manner of execution, but the manner may not inflict unnecessary or wanton pain upon the criminal. Courts apply an "objectively intolerable" test when determining if the method of execution violates the Eighth Amendment's ban on cruel and unusual punishments.” As said above, the courts can eliminate a form of death penalty if they determine it unconstitutional. If all death penalties were unconstitutional, then they’d be all gone.

Supporting Evidence: Cornell Law: Death Penalty (www.law.cornell.edu)
0 points

Kyle Janek, MD, anesthesiologist and former Texas State Senator, in his Feb. 1, 2004 article "Attack on Texas' Lethal Injections is Bogus," published in the Houston Chronicle, wrote:

“The current argument against executions seems to hinge on the supposition that the second and 3rd drugs in this regimen would be cruel to someone who could feel them...

Yet for that argument to be valid in any way, you must ignore the 1st drug in the process - sodium pentothal - that (1) renders the inmate to be completely unconscious, (2) has been used for decades to induce anesthesia in surgical patients and (3) is given in doses far exceeding what is needed to keep the inmate from being aware or feeling anything."

Supporting Evidence: Death Penalties Pros and Cons (deathpenalty.procon.org)
1 point

“In 1947, the Court considered the case of Francis v. Resweber, who Louisiana had attempted to electrocute, but succeeded only in severely shocking and traumatizing, and who was then facing a second attempt by Louisiana to put him to death. Francis argued that the anxiety brought on by his first experience in the chair made a second seating "cruel and unusual punishment," but the Court, voting 5 to 4, found that "cruelty must be inherent in the method of punishment," and could not come from anticipation of the punishment.”

Supporting Evidence: Law.Edu - Death Penalty (law2.umkc.edu)
0 points

Kyle Janek, MD, anesthesiologist and former Texas State Senator, in his Feb. 1, 2004 article "Attack on Texas' Lethal Injections is Bogus," published in the Houston Chronicle, wrote:

“The current argument against executions seems to hinge on the supposition that the second and 3rd drugs in this regimen would be cruel to someone who could feel them...

Yet for that argument to be valid in any way, you must ignore the 1st drug in the process - sodium pentothal - that (1) renders the inmate to be completely unconscious, (2) has been used for decades to induce anesthesia in surgical patients and (3) is given in doses far exceeding what is needed to keep the inmate from being aware or feeling anything."

Supporting Evidence: Death Penalties Pros and Cons (deathpenalty.procon.org)
2 points

We need a police force. Who else is going to stop one country from bombing another? We need a neutral force, a neutral force to balance everything.

2 points

America was born out of a dream of freedom. Honestly, America's the best option as the world police force. They have the largest and most probably, the best military force in the world.

2 points

If no one helps anyone, that makes everyone by themselves. Is this what we want to teach the future generations? That you have to fend for yourselves and that the only thing that matters is you? This life isn't called the Hunger Games.

1 point

I think America should be the sort-of-police-force because in the end, aren't we all the same? We live on the same floating, giant rock. We've got no one, but each other. And also, how is America supposed to expect to have allies, when they don't help?



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