You are a paralegal assisting an attorney who is representing an individual who has been convicted of a murder during a home invasion and who was sentenced in state court to be executed. You are assisting with research for an appeal to the U.S Supreme Court. Provide the following..
1. A breif history of capital punishment in the U.S include case law
2. An explaination of the congessional ban on "cruel and unsusual punishment" including the 4 primary dimensions as interputed by the court
3. Discuss an example you found interesting of a right asserted by inmates under the 8th amendment's cruel and unsual punishment clause and the outcome..
I'm stuck and need help starting!!
Any type of help would be appreciated, I don't need them answered for me however I do need to know where I can go to find imformation to properly answer each question!
Here's a start for your research.
http://en.wikipedia.org/wiki/Capital_punishment_in_the_United_States
http://en.wikipedia.org/wiki/List_of_United_States_Supreme_Court_decisions_on_capital_punishment
http://www.google.com/#q=congressional+ban+on+%22cruel+and+unusual+punishment%22&spell=1
1. To provide a brief history of capital punishment in the U.S., you can start by referring to various sources such as legal encyclopedias, law journals, or government publications. Key sources to consider include:
- Books or articles specific to the history of capital punishment in the United States: Look for titles that focus on the development of capital punishment laws, landmark cases, and significant legal events.
- Statutory law: The United States Code (U.S.C.) is a compilation of federal laws. Title 18, Part I, Chapter 228 of the U.S.C. contains provisions related to capital punishment, including laws regarding offenses punishable by death.
- Case law databases: Search for relevant U.S. Supreme Court cases, such as Furman v. Georgia (1972), Gregg v. Georgia (1976), McCleskey v. Kemp (1987), and other pivotal cases that have shaped the constitutionality and application of capital punishment.
Carefully analyze these sources to identify significant historical milestones, evolving legal principles, and major challenges to the constitutionality of capital punishment in the U.S.
2. To understand the congressional ban on "cruel and unusual punishment" and its interpretation by the courts, you can start with the following resources:
- Constitutional law textbooks: Look for sections or chapters that discuss the Eighth Amendment to the United States Constitution, which prohibits cruel and unusual punishment. Consider textbooks that provide analysis and interpretations of relevant U.S. Supreme Court cases.
- U.S. Supreme Court opinions: Research landmark cases that have shaped the interpretation of the Eighth Amendment, such as Trop v. Dulles (1958), Furman v. Georgia (1972), Gregg v. Georgia (1976), and more recent cases like Miller v. Alabama (2012) and Glossip v. Gross (2015). Analyze the reasoning and holdings of these cases to understand how the Supreme Court has developed the Four Primary Dimensions.
- Law review articles: Scholarly articles in reputable law journals often delve into the historical background and evolving standards of cruel and unusual punishment. They can provide in-depth analysis and commentary on court decisions and scholarly perspectives on various dimensions.
3. To find an example of a right asserted by inmates under the Eighth Amendment's cruel and unusual punishment clause, and its outcome, you can explore the following sources:
- Legal databases: Use online legal research databases like Westlaw or LexisNexis to search for relevant court cases, pleadings, and legal commentary. Use search terms like "Eighth Amendment," "cruel and unusual punishment," and specific rights or claims asserted by inmates, such as access to medical care, prison conditions, or excessive use of force.
- U.S. Supreme Court opinions: Look for cases addressing Eighth Amendment claims brought by prisoners. Consider cases like Estelle v. Gamble (1976) regarding medical care, Hudson v. McMillian (1992) on excessive force, or Farmer v. Brennan (1994) on deliberate indifference to inmate safety. Review the opinion of the Court, dissenting and concurring opinions, as well as subsequent lower court decisions.
- Legal news sources: Law-related news platforms and legal blogs often cover notable cases asserting Eighth Amendment rights. They can provide summaries, analysis, and critiques of decisions and their impact.
Make sure to analyze the arguments made, the legal principles relied upon by the courts, and the ultimate outcome or resolution of the case.
Remember, legal research requires thoroughness, critical analysis, and careful consideration of relevant sources to ensure accurate and comprehensive answers to each question.