Discuss the Eighth Amendment prohibition against cruel and unusual punishment as it relates to the ability of states to make certain conduct criminal
What will be an ideal response?
The prohibition in the Eighth Amendment against cruel and unusual punishment not only limits the amount and types of punishment that may be inflicted, it also limits the legislative authority to make some conduct criminal. For example, while the state may make it a crime to possess or use drugs, the state may not make it a crime to be addicted to drugs or to be afflicted with a disease because being addicted to drugs or alcohol is a person's status and not an act.
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Indicate whether the statement is true or false
Professional challenges to the methodology or techniques employed may include:
a. Opposing theories b. Competing technologies c. Contradictory findings d. All of the above
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a. ordinary men can differ as to the words' meaning b. the words of the statute are clear and not subject to interpretation c. the U.S. Supreme Court does not agree with the law's purpose d. the legislature argued before the law was supplemented
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