Glossip V. Gross, Samuel Alito Case Analysis

1. Case Title and Citation ■ Washington v. Glucksberg 521 U.S. 702,117 S. Ct. 2258,117 S. Ct. 2302; 138 L. Ed. 2d 772 2. Procedural History The United States Supreme Court ruled that it was unconstitutional for any individuals to help another person to commit suicide.

New York Times (NYT) column-writer, conversely a certified lawyer, Adam Liptak, in his article, “Supreme Court Rejects Alabama Death Row Inmate’s Appeal”, describes how a death-row inmate from Alabama requests death by a firing squad as opposed to lethal injection, that contains the sedative midazolam, for his death sentence, but was rejected by the Supreme Court of the United States. Liptak’s purpose is to demonstrate that the Supreme Court’s decision to reject the appeal may have been unconstitutional due to the means of execution by lethal injection causing “prolonged torture” rather than a quick death due to midazolam, which disputes the eighth amendment in the Bill of Rights, the first ten amendments of the U.S. Constitution. Liptak develops

The Supreme Court case of Gagnon v. Scarpelli, 411 U.S. 778 (1973), involved Gerald Scarpelli who was on probation in Wisconsin for armed robbery, but was found in violation of the conditions set for his probation, when he was charged with burglary in Illinois. Scarpelli had been originally convicted in July, 1965 after he was arrested for the armed robbery, whereas he had plead guilty to the crime. However, he was fortunate that he did not have to serve the fifteen years he was sentenced to, due to the Judge suspending his time and instead placing him on seven years of probation. Per standard practice for probation, the judge placed requirements and restrictions that were to be followed, in order for him to remain on probation and

In the case of Gagnon v, Scarpelli( 1975), were Gerald Scarpelli and his friend Fred Kleckner were arrested in Illinois, on August 6, for burglarizing a house. The officer captures the two and read them their constitutional rights. Afterward, Scarpelli admitted that he and Kleckner did, in fact, broken into the home and take merchandise and money. Upon his arrest, his probation office revokes his probation without a hearing. His probation was revoked for associating with a criminal and catching a new charge.

Although inmates are being put to death, their death does not have to be stressful and painful. The inmate serving death-row and facing death may deserve death for their actions, However, a painful death is a cruel punishment and inhumane. The lethal injection drugs should be carefully evaluated by Drug Enforcement Administration and be free of cruelty when being administered to the inmate. Just because someone is going to die anyway, the lethal injection matters on what will be administered. Off market drugs is illegal to obtain when there is not a prescription, therefore, off market drugs should not be allowed for use in a correctional center for death

The use of midazolam does not violate the 8th amendment. There have only been a few cases that have failed, and we have improved our strategy. Even if the execution takes more than the estimated amount of time, there is not a substantial amount of pain that would be consisered as cruel and unusual punishment. In addition, those being given capital punishment are deprived of life for taking away the lives of others. Opinion of the Court (Justice Samuel A Alito Jr.)

In my first case, I will analyze the Court’s decision in District of Columbia v. Heller. In this case, in a 5-4 decision, the Court overrules its decision in United States v. Miller, in which, it stated that the Second Amendment only protects the right to keep and bear arms in relation with service in a well-regulated, government sponsored militia. In the majority opinion of Heller, Scalia divides the Second Amendment into two parts: the prefatory clause and the operative clause. The prefatory clause is the first half of the Second Amendment, it reads: “A well-regulated Militia, being necessary to the security of a free State,” while the operative clause is the second half of the Amendment: “the right of the people to keep and bear Arms, shall

It was not until the 21 century that the Supreme Court extended this to cover execution of those below 18 year of age and those who have a mental handicap. But they also ruled that other punishments should be considered cruel and unusual under circumstances, as in the 1958 case Trop vs. Dulles (). This case stated that the removal of a person's U.S. citizenship was unconstitutional because it caused them to be total destruction of society. Another case in 1977 was Coker vs. Georgia were the Supreme Court found it unconstitutional, for those found guilty of rape but the victim was not killed, to be sentenced to death ().

J Thomas is the second African- American to sit on the bench, he is known to the public for his lack of interest to participate in oral arguments. Thomas has voted often with Justice Antonio Scalia and Justice Williams Rehnquist, which all three Justice led in conservative views. (Sunnivie Brydum, Advocate, 2015) He has not asked any questions or made any comments since 2006, while other Justice give their opinions on issues and comments on others. (Oyez).

The most important issue that must be addressed in this case is the principle of the “evolving standards of decency” and the uses of a national consensus. The “evolving standards of decency” were developed by Trop v. Dulles and have been implemented in one way or another in all of the precedents dealing with “cruel and unusual” punishment. It is important to treat these principles as an important aspect of “cruel and unusual” punishment jurisprudence, therefore turning from these set of principles would be foolish and a disregard for every precedent. However, it is important to acknowledge that each case satisfies the standards by using a different method; some use the presence or lack of state legislature as a judgment of consensus while others look at foreign countries.

The lethal injection executions illustrates a constitutional violation of the branch 's overreach as described by the 8th amendment due to its cases bring either successful in the execution or providing sufferable pain to death row inmates. One of the current problems in the Judicial branch is the use of lethal injection towards execution sessions. Lethal injection is an injection that is administered for the purpose of euthanasia and capital punishment. There are two methods of lethal injection today, one using a three drug protocol and the 2nd being the large dose of barbiturate. Lethal injection is used for capital punishment as it follows the 8th amendment we have today.

These arguments can be supported and solidified by the cases of Andre Thomas and Anthony Graves. Those who wish to abolish the death penalty may begin by arguing that

Hello Mrs.Wetzel I hope you had an enjoyable weekend. My essay will be about comparing two method of criminal punishment, lethal injection and lethal gas. I choose this topic as it pertains to my criminal justice class.

The first objection is that the death penalty does not "provide a measure of moral desert" (Nathanson). For the second, Nathanson states "it does not provide an adequate criterion for determining appropriate levels of punishment." The main objection is an "eye for an eye", or Lex talionis, and I believe it fails to support equality retributivism and creates punishments that are morally unacceptable. There is no way that

Why death penalty must end ‘’An eye for an eye makes the whole world blind,’’ said Mahatma Gandhi. The execution of someone who has possibly done a crime is an inhuman act. Death penalty is hypocritical and flawed. If killing is wrong, why do we kill when a criminal has done the crime of killing someone? In this essay, I will write why death penalty should end by writing about the violation of human rights, execution of innocent people, the fact that it does not deter crime and money.