Eighth Amendment restrictions
Reference required/ each response must have substance with full paragraphs.
Add reference under each question.
7A
Explain with examples how the Eighth Amendment restricts the government’s authority to make something a crime.
Analyze Papachristou v. City of Jacksonville. As a public administrator, explain whether there should be a higher concern for public safety or for individual rights. Support your position with examples or evidence
7B
Evaluate United States v. Agurs. Another very important public policy issue is an appreciation for the difference between obtaining a high conviction rate or being perceived as “tough on crime,” and seeking justice. Debate your position on the death penalty regarding whether it is used for justice or for other purposes. Support your position with examples or evidence.
In the text, it states that “the (Supreme) Court has agreed that the death penalty can be constitutionally sustained only if its imposition is consistent with ‘evolving standards of decency’.” With so many juveniles committing heinous crimes, take a position and debate as a public administrator on whether you think the death penalty should be allowed for juveniles? Use the e-Activity case as a reference for discussion.
Week 7 e-Activity
Review Roper v. Simmons at http://caselaw.findlaw.com/mo-supreme-court/1273234.html
8A
Agency power combines the executive and legislative powers with respect to rule making and the legislative and judicial powers with respect to adjudication. Pick two agencies and compare and contrast the power each agency has in enforcing the regulations they are asked to uphold. Discuss why it is challenging for some agencies to enforce regulations and why it may be easy for other agencies to8 enforce regulations.
Evaluate Bring v. North Carolina State Bar. Apply the court’s ruling on delegation to another situation of your choice to determine at what point delegation should stop.
8B
It has been stated, “Judicial review is concerned, not with the decision, but with the decision-making process.” Take a position on whether it should or should not be true. Support your position with examples or evidence.
Imagine a Libertarian is voted into the White House at the next presidential election. Speculate what this could do for any agency’s judicial review process.
9A
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“Authority and Misconduct.”:
Despite widespread cynicism about public ethics, students are likely to agree that a rule of law depends on the perceived legitimacy of public officials and that legitimacy is impossible without widespread ethical behavior. Discuss with supporting example what can be done to cultivate ethical behavior in public officials.
Take a position on whether or not behavior should be governed by compliance with rules. Support your position with examples or evidence.
9B
After reading the case summary, People v. Howard, if you were an Illinois state legislator, would you support a bill in response to People v. Howard that provides that only conduct specifically prescribed by a state statute may be a predicate offense for official misconduct? Why or why not?
Evaluate Van Itallie v. Franklin Lakes. Based on the facts described in Van Itallie v. Franklin Lakes, take a position and explain what you would have done differently, if anything, if you were the council members.
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