Question

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In 1970-1971 many of the 237 schools in Dade County used corporal punishment. The punishment consisted of paddling the students on the buttocks with a flat wooden paddle measuring less than two feet long, three to four inches wide, and about ½ inch thick. The normal punishment was limited to 1 to 5 blows with the paddle. Ingraham, the plaintiff was subjected to more than 20 hits with a paddle while being held over a table. The paddling was so severe that he suffered a hematoma requiring medical attention and keeping him out of school for several days.
6. Is this cruel and unusual punishment protected under the 8th amendment? Explain.
7. How would you rule in the case? Why?

Answer 1

6-7-the question is really written improperly altogether as it assumes that it is a cruel and unusual punishment now once that is assumed there is no longer a question up for debate as the constitution forbids cruel and unusual punishment’s. A proper question would be is this considered a cruel and unusual punishment?
To this I would answer no as this cannot be called cruel or unusual due to it being done in 237 school’s . Now although one may argue that it is cruel and unusual because the plaintiff received 20 instead of 5 that simply speaking falls under excessive fines however one can argue that fines are strictly monetary and and a usual punishment that is done in large increments is a cruel and unusual punishment.