Topic > The Pros and Cons of the Eighth Amendment - 1066

The Supreme Court has found many punitive acts, such as torture and inhumane executions, to be unconstitutional. Ludovico treatment does not harm a person, but what it does is reform that person so that they can conform to society's behavioral standards. An example of a Supreme Court case dealing with the Eighth Amendment was Hudson v. McMillan in 1992. In this case the Court considered whether the beating of inmates violated the inmate's Eighth Amendment rights. By a vote of 7 to 2, the Supreme Court found that prison guards who maliciously exercised excessive force to induce harm to inmates violated Eighth Amendment rights even if there were no permanent injuries resulting from the confinement (Taxin, 1052). In this case the Supreme Court ruled that beating prisoners was unconstitutional because it was considered cruel and sadistic. Ludovico's treatment does not aim to harm criminals, but instead seeks to reform them so that they do not pose a danger to society. For this reason the Supreme Court would not declare Ludovico unconstitutional. Another example of a Supreme Court case dealing with the Eighth Amendment was the Supreme Court case Roper v Simmons in 2005 (DeNunzio, 369). In this case, the Court considered whether it was heartless and bizarre to execute a criminal convicted of a crime committed when he was a minor. The Supreme Court ruled against the execution in a 5-4 decision. They rationalized that it was wrong to execute someone for a crime committed when they were a minor because a minor's mind was not yet fully and fully developed. This is another case where the Supreme Court found that penalizing someone was inhumane and unjust. Ludovico treatment would not be subjected to such scrutiny, as long as the treatment is prescribed as a treatment for people who are