Saturday, October 10, 2015

Revisiting the Constitution : What's cruel and unusual punishment

"AS I have suggested elsewhere, clarifying and expanding the Eighth Amendment could help. It should specifically state that excessive terms of incarceration are prohibited, just as it bans excessive fines. It should expressly prohibit mandatory sentences so that every case gets the benefit of individualized attention by a judge. And it should insist that legislatures create a record showing that they considered empirical evidence about the law's likely impact. "

This article written by Rachel E. Barkow was very clear on how she felt about the eighth amendment. She would like for the eighth amendment to be reevaluated and expanded so it can help out individuals whom are given sentences for their crime.She is against mandatory sentences because she believes people who are being sentenced should be given individual attention by a judge and given thought about their case in order to give the right sentence.

I chose this paragraph because she was very clear about the changes she would like to see happen with the eighth amendment. The author believes in liberty and equality and making this simple change can affect many peoples lives in a positive way. in another paragraph she even states how the eighth amendment states that it bans cruel and unusual punishment but she strongly believes this contradicts what the eighth amendment is actually doing. I completely agree with Rachel and I think if taken into considerations a lot of changes may occur.

No comments:

Post a Comment