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Eighth Amendment to the U.S. Constitution

According to the textbook, prison reform is often effectuated by and through the legislature. Often, these changes are meant for improvement; however, they can have an unintended consequence. Imagine that you are a state legislator that heads a committee for the Department of Corrections. Your responsibilities include recommending improvements to the correctional system, both domestic and international, (e.g., Guantanamo Bay). Go to Cornell University Law School’s Website, located at http://www.law.cornell.edu/constitution/eighth_amendment, and review the Eighth Amendment to the U.S. Constitution

Write a three to five (3-5) page paper in which you:

  1. Suggest two (2) actions that the corrections system can take in order to attain higher levels of professionalism. Provide a rationale for your response.
  2. Take a position as to whether or not conditions of correctional facilities circumvent the “cruel and unusual punishment standard” of the Eighth Amendment. Provide a rationale for your response.
  3. Support or refute the removal of corporal punishment from the U.S. corrections system. Provide a rationale for your response.
  4. Create an argument for or against intermediate sanctions as a deterrent of crime. Support your viewpoint with one (1) example of intermediate sanctions that reflects your opinion.
  5. Debate whether or not correctional facilities are adequately equipped to deal with mentally ill inmates. Provide a rationale for your response.
  6. Use at least two (2) quality references. Note: Wikipedia and other Websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

  • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
  • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.

The specific course learning outcomes associated with this assignment are:

  • Determine the U.S. Constitutional amendments that apply to correctional management and operations.
  • Recommend improvements to selected areas of corrections.
  • Defend the purposes of corrections.
  • Examine the reform of American criminal justice beginning with 15th century Europe.
  • Use technology and information resources to research issues in correctional facility policies.
  • Write clearly and concisely about correctional facility policies using proper writing mechanics.

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Correctional systems all over the world struggles to establish balances between the observing the rights of an accused person and implementing the courts directives. Eighth Amendment to the U.S. Constitution strengthen the traditional right to freedom where the accused person will not be subjected to any punishment before the conviction. Also the right to bail prior to trial is buttressed in the bill of right(Glazen, & Herberman, 2013). However, corrections system are required to release accused persons on bail while ensuring it is not excessive bail. Constitutional analyzed have argued that the drafter of the Eighth Amendment failed to identify the ambiguity of the excessive bail and where the case permits the grant of bail. The argument arise from the fact that Eighth Amendment solely deals with the punishment of the criminals in the corrective system and not applicable to the civil processes.

Appropriate actions

            Correctional systems are required by U.S. Constitutions under Eight Amendment Act to punish the criminals in accordance with the sentences handed to the criminals. However, several concerns have been raised concerning how the correctional… ..Eighth Amendment to the U.S. Constitution …………………………………………………………………………………………………………………………………………………………………………………………………… ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

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