Module 2 Activity 3: Cruel and Unusual?
Research
Go back to the cruel and unusual definition wiki that you completed with your classmates. Look through the definitions and find the one with the most “same” comments that resonates most with your own perspective. This might be the definition that you wrote and it might not be!
Written Discussion
Begin your discussion by identifying the definition that you will be applying to the hypothetical situation. Then, read the hypothetical below and answer the questions.
Hypothetical
Christopher, a high school junior who was almost 18 (a legal adult) told two of his friends, aged 15 and 16, that he wanted to murder someone. He had a plan. Christopher would break into Shirley’s home, tie her up, and throw her off a bridge. His two friends weren’t sure, but they decided to help Christopher when he told them they could “get away with it” because they were minors. The three boys met at 2:00 a.m. on the night of the murder, but Christopher’s 16-year-old friend was nervous and backed out. Christopher and his 15-year-old friend went to commit the crime they’d planned. The pair entered Shirley’s home through an open window, waking her up. While she turned on a hallway light and asked “Who’s there?” Christopher went down the hall and entered Shirley’s bedroom. He recognized her from a car accident the two had been in, which he later admitted supported his decision to kill. The boys tied Shirley’s hands, covered her eyes, and drove her to a nearby bridge. They threw her into the river, where she drowned. Christopher was overheard bragging about the murder the next day at school where police arrested him. He waived [refused] his rights to remain silent and to have an attorney present. Christopher then admitted to the murder and agreed to reenact the crime on videotape. His first-degree murder trial occurred nine months later after he had turned 18. After hearing about the plan, Christopher’s bragging, and watching the videotaped reenactment, the jury quickly convicted him and recommended the death penalty. The judge agreed, and Christopher was sentenced to death.
Questions
1. What arguments would convince you that the punishment in this situation IS NOT cruel and unusual?
2. What arguments would convince you that the punishment in this situation IS cruel and unusual?
3. Using the definition you chose, how would you rule in this case? Make sure to clearly identify how you used the definition to come to your decision.
4. Is there anything about the details of this case that, if different, would change your ruling? Explain.
