Question

What amendment prohibits Judge Bean from issuing a sentence requiring a felon to be hung by his ankles from a flagpole and rubbed with poison ivy while listening to an endless tape of Chipmunk songs?

Answer 1

The Eighth Amendment prohibits the imposition of cruel and unusual punishments, such as the hypothetical punishment described by the student. This Amendment protects individuals from such disproportionate and inhumane treatment in the judicial system.

Step-by-step explanation:

Eighth Amendment and Its Protection Against Cruel and Unusual Punishment

The amendment that prohibits Judge Bean from issuing a sentence that involves being hung by the ankles from a flagpole and rubbed with poison ivy while listening to an endless tape of Chipmunk songs is the Eighth Amendment of the United States Constitution. This amendment explicitly states that "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." The proposed sentence described would be considered cruel and unusual, thus violating the Eighth Amendment.

Turning to the scenarios provided for context:

• Sara, the college student accused of stealing and selling a term paper, does have the right to an attorney according to the Sixth Amendment, which guarantees the right to legal counsel regardless of the nature of the charge, be it felony or misdemeanor.
• Mr. Jones, involved in a property dispute over a fallen tree, has a right to a jury trial for civil matters if he requests it, as provided by the Seventh Amendment, especially in cases where the claim exceeds twenty dollars.
• Carolyn, being punished for shoplifting by having her hands cut off, is another clear violation of the Eighth Amendment, as such punishment is exceedingly cruel and not commensurate with the severity of the crime.
• Mr. Reynolds, the hunter, is protected under the Fourth Amendment from unreasonable searches and seizure of his property without proper evidence or suspicion. If the ATF has no evidence against him, they cannot lawfully confiscate his property.

Additionally, it is important to note that the Fifth Amendment deals with due process and protections in criminal cases, but does not apply directly to the question of cruel and unusual punishment.