#FairPunishment
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Constitution Matters: Exploring the Eighth Amendment and Its Relevance in Everyday Life
Welcome back to our ongoing series, "Constitution Matters," where we delve into the fundamental principles and amendments that shape the United States Constitution and impact the lives of its citizens. In this installment, we're shining a spotlight on the Eighth Amendment and its significant relevance in our daily lives.
The Eighth Amendment in a Nutshell: The Eighth Amendment, a part of the Bill of Rights, states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." At its core, this amendment embodies the principles of justice, fairness, and human dignity. But how does this seemingly legalistic amendment play a role in the everyday lives of U.S. citizens?
Protection Against Cruel and Unusual Punishment: While the language of the Eighth Amendment might appear abstract, its real-world implications are far-reaching. The prohibition of "cruel and unusual punishments" serves as a safeguard against the mistreatment, abuse, or disproportionate punishment of individuals by the government. This means that the state cannot subject citizens to punishments that go beyond societal norms, treating all individuals with respect and dignity.
Relevance in Criminal Justice: In the realm of criminal justice, the Eighth Amendment holds substantial weight. It ensures that individuals, regardless of their alleged crimes, are not subjected to torture, inhumane conditions, or excessive penalties. This protection is evident in various aspects, such as prison conditions, sentencing, and the death penalty.
Consider the case of overcrowded prisons. The Eighth Amendment has been invoked in lawsuits aiming to improve the living conditions of inmates, advocating for basic necessities such as adequate healthcare, nutrition, and sanitation. This demonstrates how the amendment directly impacts the rights and well-being of those within the criminal justice system.
Bail and Fines: The Eighth Amendment also addresses the issue of excessive bail and fines. It prevents the government from imposing unreasonably high bail amounts that effectively deny individuals the opportunity to secure their release before trial. Additionally, it curtails the imposition of disproportionately large fines that could lead to financial ruin. These provisions highlight the amendment's commitment to fairness and the protection of individuals' rights, irrespective of their economic status.
Modern Applications: As society evolves, so too does the interpretation of constitutional principles. In recent years, debates surrounding issues such as the use of solitary confinement, mandatory minimum sentences, and the application of the death penalty have all invoked the protections of the Eighth Amendment. These discussions underscore the ongoing relevance of the amendment in shaping contemporary legal and ethical debates.
The Eighth Amendment's impact extends far beyond the legal realm; it plays a crucial role in shaping the values and principles of a just and humane society. By protecting citizens from cruel and unusual punishment, ensuring reasonable bail and fines, and addressing pressing issues in the criminal justice system, this amendment maintains its significance in safeguarding the rights and dignity of all U.S. citizens.
Join us next time as we continue our exploration of the United States Constitution and its enduring influence on our lives. Until then, remember that Constitution Matters.
#ConstitutionMatters#EighthAmendment#BillOfRights#JusticeSystem#CriminalJustice#HumanRights#LegalProtection#FairPunishment#PrisonReform#Incarceration#CivilRights#CruelAndUnusual#BailReform#FinesAndPenalties#ModernApplications#SocialJustice#EqualProtection#ConstitutionalRights#USCitizenship#CivicEducation
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FIGHT THE POWER: Media, Social Media, and Social Change
This week we brought all of our CLTAE themes together: theories of punishment, applied punishment, criminal law education, and media. Our special guest speaker, Rory Fleming, shared his work with The Protector's Digest and how he became an advocate for criminal justice reform. Rory joined us via Skype from the great state of Minnesota.
In addition to some good stories about the Twittersphere, Rory shared his thoughts about what the media doesn't cover enough in the criminal justice system. Two of the major changes needed include elected prosecutors that impede criminal justice reform and the sex offenders registry.
Prosecutors in the United States have a lot of power. These elected officials can determine when not to charge an individual with a crime. For example, a prosecutor can decide to charge a 16 year old with possession of marijuana and request that the court put her in jail; or the prosecutor pass on filing charges against her. This is something that is not quite the same in other countries, like Germany. The prosecutor elections are local and are not often as popular as the presidential election. This is often a challenge for candidates that don't have enough resources to use media in the same way as others.
Rory's consulting firm, Foglight Strategies, is aimed at supporting candidates who are dedicated to criminal justice reform issues such as decreasing the number of people in American prisons (which happens to be one of the highest in the world). He and his team research the records of the candidates and uses the information to educate the public for the election.
The other issue that escapes media attention is the U.S. sex offender registry. The sex offender registry is a public database (accessible all over the world) that allows anyone to search the first and last name of a person to see if they were convicted of a "qualifying sex offense" or other offenses against children. These offenses could be anything from rape to sexting to naked pics. Also, those on the list are often on it for the rest of their lives. Check out the video above from The Marshall Project, which highlights and American woman's story about how her life was affected by the list.
You can see Rory Fleming in action on Twitter:
@RoryFleming8A
@_The_Digest
Check out the Harvard Fair Sentencing Project's criminal justice work at:
@fairpunishment and @theappeal
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Harvard_Law
Law School conference hears from @NFL players on roots of activism, ideas for improving police-community relations https://t.co/pzdCMA7IiU @coalitionplayer @MalcolmJenkins @McCourtyTwins @AnquanBoldin @demario__davis @FairPunishment #CriminalJusticeReform
— Harvard Law School (@Harvard_Law) March 29, 2018
via Blogger https://ift.tt/2Gn7RSq http://bit.ly/1RZlMRb
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Retweeted Fair Punishment Project (@FairPunishment): Monique Tillman was 17-years-old when she riding her bike through a mall parking lot and an off-duty Tacoma police officer who was working security stopped her, threw her to the ground by her hair and then tased her. Last week she won her lawsuit. https://t.co/14XvHDrY5M
from Facebook
via IFTTT
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#@fairpunishment#fairpunishment#fair punishment project#matthew charles#nashville#racism#prison#prisons#twitter#nashville tennessee#tennessee
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Harvard_Law
Before winning the AFC Championship and heading off to the #Superbowl, players from the @Patriots took part in a discussion at HLS on inequities in the criminal justice system https://t.co/H4kT4EHo7R @FairPunishment
— Harvard Law School (@Harvard_Law) February 4, 2018
via Blogger http://ift.tt/2saPFc6 http://ift.tt/1RZlMRb
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Harvard_Law
.@Patriots Devin @McCourtyTwins, @j_bademosi24, @dharm32, Matthew Slater & team President Jonathan Kraft sat down w/ @Harvard_Law @FairPunishment to discuss criminalization of poverty & racial inequalities within Boston’s educational & juvenile justice system #LetsListenTogether pic.twitter.com/e4jdRSd6rT
— NFL (@NFL) February 1, 2018
via Blogger http://ift.tt/2BM33CG http://ift.tt/1RZlMRb
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Harvard_Law
Before they won the AFC Championship and headed off to #Superbowl, players from the @Patriots took part in a discussion at HLS on inequities in the criminal justice system https://t.co/rBDtSWAsXA @FairPunishment @NFL
— Harvard Law School (@Harvard_Law) January 31, 2018
via Blogger http://ift.tt/2BHDwuz http://ift.tt/1RZlMRb
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Harvard_Law
Sanctuary cities often have laws in place that make immigrants vulnerable for deportation @FairPunishment http//http://ift.tt/2qJ7HfH
— Harvard Law School (@Harvard_Law) May 4, 2017
via Blogger http://ift.tt/2pDdeqn http://ift.tt/1RZlMRb
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Harvard_Law
New HLS @FairPunishment report: Arkansas death row inmates defined by mental illness, intellectual disability https://t.co/35NrHPGRPZ
— Harvard Law School (@Harvard_Law) March 31, 2017
via Blogger http://ift.tt/2nmJTMD http://ift.tt/1RZlMRb
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Harvard_Law
40 years awaiting execution: Latest from @FairPunishment and @Slate https://t.co/WTFjOGchmy
— Harvard Law School (@Harvard_Law) March 9, 2017
via Blogger http://ift.tt/2m56VqE http://ift.tt/1RZlMRb
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Harvard_Law
.@FairPunishment, @Slate partner to create "Trials and Error" to illustrate the reality of the justice system https://t.co/dS3UZXi5SP
— Harvard Law School (@Harvard_Law) March 5, 2017
via Blogger http://ift.tt/2m70Ag8 http://ift.tt/1RZlMRb
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Harvard_Law
.@FairPunishment, @Slate partner to create "Trials and Error" to illustrate the reality of the justice system https://t.co/CZoDu08LcU
— Harvard Law School (@Harvard_Law) March 1, 2017
via Blogger http://ift.tt/2m9ScP0 http://ift.tt/1RZlMRb
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Harvard_Law
Report: 1/5 of the ppl on FL #deathrow have presented symptoms or diagnoses of severe mental illness #deathpenalty https://t.co/pHFQ122UPd
— Fair Punishment Proj (@FairPunishment) January 12, 2017
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