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Instructions of LSTD 510 4-1 US Constitution And The States
W4: US Constitution and the States
What if a state passes a law that some believe conflicts with federal law?
The Eighth Amendment provides: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
With respect to the death penalty, you may recall that the Eighth and Fourteenth Amendments of the Constitution do not permit the execution of a person with an intellectual disability. Review Atkins v. Virginia, 536 U. S. 304 (2002).
Yet, how do we know when a person has an intellectual disability? What level of intellect does a person have to have so as to permit the use of the death penalty?
Your client, Buddy Bluebook, 24 years old, was convicted of killing his employer after his employer informed Buddy that Buddy was fired. When Buddy worked at the company, Buddy delivered the mail within the company as well as took the mail to the post office on behalf of the company. A non-profit organization that helps adults with intellectual disabilities contacted the company to secure Buddy the mail delivery job.
The state in which Buddy lives recently enacted a new law that permits the execution of persons with intellectual disabilities. The state’s prosecutor seeks to execute Buddy. Buddy’s attorney argues that, given Atkins, Buddy cannot be executed.
The state law at issue provides that if: (a) the person convicted of murder scored above 75 on an IQ test; (b) a trial court concluded that the crime required forethought, planning, and complex execution; and (c) at least three lay witnesses could testify that the defendant was not intellectually disabled, then he could be executed.
Buddy scored a 76 on the IQ test. Buddy was physically and mentally abused as a child, and attended school until the ninth grade.
- Can Buddy be executed? What major theories or practices from allied fields (e.g., education, healthcare, public policy, psychology, sociology, etc.) are advanced about determining the extent of intellectual disabilities? How can such data be used in Buddy’s legal case, whether by the prosecution or the defense?
- What does your state provide regarding the death penalty? How does it compare to the Eighth Amendment? Be sure to carefully review whether your home state is still enforcing the death penalty. Provide data about how the residents of this state feel about whether it still enforces the death penalty or not.
- If you could change the Eighth Amendment, set forth how you would alter it so that it can be clearer regarding what is “cruel and unusual” punishment.
- Document how and why you would do so, and articulate how these elements influenced the specific language that you chose for your proposed change.
- Assess the significance of your proposed change in light of the major debates or developments that you have analyzed in this Discussion.
Step-By-Step Guide LSTD 510 4-1 US Constitution And The States
INTRODUCTION TO LSTD 510 4-1 US CONSTITUTION AND THE STATES
This Owlisdom, LSTD 510 4-1 US Constitution And The States assignment involves analyzing a hypothetical situation where state law conflicts with federal law concerning the execution of individuals with intellectual disabilities. You will apply relevant legal principles from the Eighth and Fourteenth Amendments, review key case law, and consider theories from allied fields to support your analysis. The goal is to provide a comprehensive and well-supported legal argument regarding the constitutionality of the state’s actions.
Can Buddy be executed?
Can Buddy Be Executed?
- Analyze LSTD 510 4-1 US Constitution And The States whether Buddy can be executed under the state’s new law in light of the precedent set by Atkins v. Virginia.
Example
When a state law conflicts with federal law, the Constitution’s Supremacy Clause dictates that federal law prevails. In the context of the Eighth Amendment’s prohibition against cruel and unusual punishments, this principle is crucial, particularly in cases involving the death penalty and defendants with intellectual disabilities.
In Atkins v. Virginia, 536 U.S. 304 (2002), the Supreme Court ruled that executing individuals with intellectual disabilities constitutes cruel and unusual punishment, violating the Eighth Amendment (Atkins v. Virginia., n.d.). The landmark decision necessitates a framework to assess intellectual disability accurately. The criteria often include IQ tests, with a typical threshold of an IQ below 70-75 indicating disability, alongside assessments of adaptive behaviors and skills, which must reflect significant limitations in conceptual, social, and practical domains (Fletcher & Miciak, 2024).
In Buddy’s case, his IQ score of 76 hovers near the standard threshold, complicating his status. However, adaptive behavior assessments and evidence of his lifelong intellectual and developmental challenges, such as his history of abuse and educational background, are crucial. The state law’s criteria, focusing solely on an IQ score above 75, overlook the broader spectrum of intellectual functioning and adaptive behavior. The narrow focus could be challenged as inconsistent with Atkins, which emphasizes a more comprehensive evaluation of intellectual disability.
What major theories or practices from allied fields (e.g., education, healthcare, public policy, psychology, sociology, etc.) are advanced in determining the extent of intellectual disabilities? How can such data be used in Buddy’s legal case, whether by the prosecution or the defense?
Major Theories or Practices from Allied Fields
- Discuss LSTD 510 4-1 US Constitution And The States theories from psychology and sociology regarding the assessment of intellectual disabilities and how this data can be used in Buddy’s legal case.
Example
Major theories from psychology and sociology that inform assessments of intellectual disability include understanding the multifaceted nature of intelligence and adaptive functioning. These disciplines advocate for comprehensive evaluations considering environmental, genetic, and social factors impacting cognitive and adaptive skills. In legal contexts, these insights support arguments against executing individuals like Buddy, whose intellectual capacity and life history suggest significant impairments.
What does your state provide regarding the death penalty? How does it compare to the Eighth Amendment? Be sure to carefully review whether your home state is still enforcing the death penalty. Provide data about how the residents of this state feel about whether it still enforces the death penalty or not.
State Laws and the Eighth Amendment
- Compare LSTD 510 4-1 US Constitution And The States of your state’s provisions regarding the death penalty with the Eighth Amendment. Provide data on public opinion regarding the death penalty in your state.
Example
Regarding the death penalty, many states, including my hypothetical home, California, have abolished or imposed moratoriums on capital punishment. California, for instance, has not conducted an execution since 2006, and as of 2019, the governor imposed a moratorium on executions (Haberman, 2022). The stance reflects a growing discomfort among residents with the death penalty, consistent with national trends showing declining support for capital punishment, mainly when alternatives such as life without parole are available.
Comparatively, the Eighth Amendment’s broad prohibition against cruel and unusual punishments aligns with these state-level shifts away from the death penalty, reflecting evolving standards of decency and a greater emphasis on human rights within the criminal justice system.
If you could change the Eighth Amendment, set forth how you would alter it so that it can be clearer regarding what is “cruel and unusual” punishment.
Proposed Changes to the Eighth Amendment
- Propose and articulate changes to the LSTD 510 4-1 US Constitution And The States Eighth Amendment to clarify what constitutes “cruel and unusual” punishment.
Example
To clarify what constitutes “cruel and unusual” punishments and ensure consistent application across states, particularly regarding the death penalty, I propose the following amendment to the Eighth Amendment:
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted, including the death penalty, which shall not be applied in any circumstances. The prohibition extends to any form of corporal punishment or penal measures that involve physical harm or undue psychological suffering.”
Document how and why you would do so, and articulate how these elements influenced the specific language you chose for your proposed change.
Rationale for the Amendment
- Justify. Explain why you included the LSTD 510 4-1 US Constitution And The States and how it addresses the identified issues.
Example
The amendment aims to eliminate ambiguity about the application of the death penalty by categorically prohibiting it, thereby aligning with contemporary human rights standards and the increasing recognition of the death penalty’s moral and practical flaws. The specific language was chosen to clearly articulate the scope of prohibited punishments, reflecting significant debates about the morality, efficacy, and fairness of the death penalty. The inclusion of psychological suffering addresses modern understandings of cruelty that extend beyond physical pain.
Assess the significance of your proposed change in light of the major debates or developments that you have analyzed in this Discussion.
Significance of the Proposed Change
- Evaluate the LSTD 510 4-1 US Constitution And The state significance of your proposed changes in light of major legal debates and developments discussed in the assignment.
Example
The proposed amendment would significantly impact criminal justice, ensuring that the evolving standards of decency are constitutionally recognized. It addresses ethical concerns about the death penalty, including its disproportionate impact on marginalized groups and those with mental and intellectual disabilities, like Buddy. By definitively removing the death penalty from American legal practice, it would align U.S. law with international human rights trends and strengthen the protection of human dignity within the justice system.
Conclusion
Summarize the Lstd-510 4-1 US Constitution And The State’s key points and emphasize the importance of equal protection in ensuring humane and fair treatment under the law. In the next module of LSTD 510 5-1 Interests Of The State. In conclusion, Buddy’s case underlines the critical need for comprehensive and humane approaches to justice that respect constitutional protections and reflect modern understandings of intellectual disability and human rights. The proposed amendment to the Eighth Amendment would enshrine these principles, ensuring that the U.S. legal system adheres to the highest standards of fairness and compassion.
References
Atkins v. Virginia. (n.d.). LII / Legal Information Institute. Retrieved June 22, 2024, from https://www.law.cornell.edu/supremecourt/text/536/304
Fletcher, J. M., & Miciak, J. (2024). Assessment of Specific Learning Disabilities and Intellectual Disabilities. Assessment, 31(1), 53–74. https://doi.org/10.1177/10731911231194992
Haberman, L. (2022). More than Moratoriums? The Obstacles to Abolishing California’s Death Penalty. Cal. Legal Hist., 17, 333.
