Prosecution and Punishment

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  • Explain with examples how the Eighth Amendment restricts the government’s authority to make something a crime.
  • Analyze Papachristou v. City of Jacksonville. As a public administrator, explain whether there should be a higher concern for public safety or for individual rights. Support your position with examples or evidence.

  • Evaluate United States v. Agurs. Another very important public policy issue is an appreciation for the difference between obtaining a high conviction rate or being perceived as “tough on crime,” and seeking justice. Debate your position on the death penalty regarding whether it is used for justice or for other purposes. Support your position with examples or evidence.
  • In the text, it states that “the (Supreme) Court has agreed that the death penalty can be constitutionally sustained only if its imposition is consistent with ‘evolving standards of decency’.” With so many juveniles committing heinous crimes, take a position and debate as a public administrator on whether you think the death penalty should be allowed for juveniles?

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Eighth Amendment
The eighth amendment protects accused in the criminal justice system in various ways.
The accused is protected from excessive bails and fines. No one should get excessive bails than
intended or than others with the same allegations. Additionally, no one should get higher fines
than what is defined by the law. By taking this into consideration, the government authority
should follow to avoid making something a crime. Denying an individual a bail is denying
him/her the chance to prepare their defense. This is inappropriate for the government authority
by incriminating the defendant. All defendants are entitled to fair treatment in the criminal
justice system (Dubber and Hörnle 102). This criminal justice system may decide to violate this
when the alleged criminal is marked as dangerous to the society or when the bail may create an
opportunity for the alleged criminal a chance to interfere or remove the evidence. For example,
an alleged dru...

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