Legal Writing Assignment

Writing Assignment

                                                                               Introduction

Don't use plagiarized sources. Get Your Custom Essay on
Legal Writing Assignment
Just from $13/Page
Order Essay

              The United States Constitution, ratified in 1788, contains this in its Preamble: “We the People of the United States, in Order to form a more perfect Union, establish justice . . . promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” Amendment VIII (1791) guaranteed, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Amendment XIV (1868) reinforced these guarantees to “All persons born or naturalized in the United States.”

              The evolving nature of these standards of decency, as analyzed and phrased regarding cruel and unusual punishment, first appeared in two U.S. Supreme Court cases. Justice Joseph McKenna in Weems v. United States, 217 U.S. 349 (1910) argued the Eighth Amendment’s interpretation should reflect society’s progression in its standards of decency. Chief Justice Earl Warren in Trop v. Dulles, 356 U.S. 86 (1958) phrased the concept as “evolving standards of decency that mark the progress of a maturing society.”

              How do we–in 2020– interpret these “evolving standards of decency”? And what are “standards of decency,” as viewed by the courts and society?  In Legal Writing, we have thought about our individual interpretations in reading George Orwell’s “A Hanging,” in completing the self-questionnaire on 13 October 2020, and in studying two specific cases:

  1. Gregg v. Georgia, 428 U.S. 153 (1976), affirmation of death penalty with

                                                                                               identified mitigating circumstances

  1. Graham v. Florida, 560 U.S. ___ (2010), question of life for juvenile without patrol

 

              In those discussions and presentations, we have recognized other selected cases, primarily those Supreme Court decisions on appeals from varied states and defendants. These selected cases are identified to get us started thinking about evolving standards:

  1. Furman v. Georgia, 408 U.S. 238 (1972), violation of death penalty (VIII

                                                          Amendment) if arbitrary and discriminatory trial procedures,

  1. Atkins v. Virginia, 536 U.S. 304 (2002), mental retardation,
  2. Roper v. Simmons, 543 U.S. 551 (2005), age and immaturity,
  3. Panetti v. Quarterman, 551 U.S. 930 (2007), question of competency to understand

                                                                                                            punishment (insanity),

  1. Baze v. Rees, 553 U.S. 35 (2008), question of lethal injection,
  2. Miller v. Alabama, 567 U.S. 460 (2012), mandatory life without chance of parole

                                                                                                  for juvenile,

  1. Hall v. Florida, 572 U.S. ___(2014), intellectual incapacity and innate inability to

                                                                                        understand why for punishment,  

               

                                   

  1.  Bucklew v. Precythe, 883 F. 3rd 1087 (2018), 587 U.S. ___2019 (executed Oct. 2019)

                                                                                                  challenge of individual effect of drug usage,

  1. Unites States v. Montgomery, 635 F.3d 1074 (2019), female murder conviction, and
  2. Lee Boyd Malvo (2020) drops his request for resentencing before the U.S. Supreme

                    Court when Virginia passed legislation creating “possibility of parole for juvenile

                    offenders serving sentences of 20 years to life.”

 

              Although many have written about “evolving standards of decency,” this essay concerns your conclusions and personal defended views. Cite sources for your evidence: (1)

U.S. Supreme Court and state court decisions carry the heaviest weight. (2) Respected legal

journals carry their weight. (3) Online articles, with respected sources, carry less weight. One research articles, was first published in 2014: “The Progression of ‘Evolving Standards of Decency’ in the  U.S. Supreme Court Decisions.” A second, with varied copyright dates contains definitions: “Evolving Standards of Decency legal definition of Evolving Standards of Decency” [title printed as given online]. A third source contains examples through 2008: “Evolving standards of decency? The Death Penalty in the USA in 2008” [(title printed as given online].  More updated discussions appear in law articles at this prompt: “evolving standards of decency” law articles 2019 and 2020.

 

              How do you, the individual, analyze and view these “evolving standards of decency”? Is the movement a straight line of human progress, a zigzag line, a possible circular line, a regression line, or an impossible line to determine in a changing society? Are the standards made clear to meet specific circumstances? Are the legal forums–courts, juries, legislatures, and debates–resolving the ambiguities? If reasoning from case to case, we have a process and the doctrine of precedent. Then that rule of law is applied to the next similar case. But this case differs too, and the interpretation gains clarity. This process of applying general rules of law to diverse facts carries an inner dynamic–changing and adapting in evolving.  In addition, the advances and regressions in society–including scientific understanding and insights in neurology, psychiatry, genetics, chemicals, and medicine–contribute to change dynamics. Those points were made to start us thinking. Now, note more specific directions.

Academic Heros
Calculate your paper price
Pages (550 words)
Approximate price: -

Why Work with Us

Top Quality and Well-Researched Papers

Our writers are encouraged to read and research widely to have rich information before writing clients’ papers. Therefore, be it high school or PhD level paper, it will always be a well-researched work handled by experts.

Professional and Experienced Academic Writers

For one to become part of our team, thorough interview and vetting is undertaken to make sure their academic level and experience are beyond reproach, hence enabling us give our clients top quality work.

Free Unlimited Revisions

Once you have received your paper and feel that some issues have been missed, just request for revision and it will be done. In addition, you can present your work to the tutor and he/she asks for improvement/changes, we are always ready to assist.

Prompt Delivery and 100% Money-Back-Guarantee

All our papers are sent to the clients before the deadline to allow them time to review the work before presenting to the tutor. If for some reason we feel our writers cannot meet the deadline, we will contact you to ask for more time. If this is not possible, then the paid amount will be refunded.

Original & Confidential

Our writers have been trained to ensure work produced is free of plagiarism. Software to check originality are also applied. Our clients’ information is highly guarded from third parties to ensure confidentiality is maintained.

24/7 Customer Support

Our support team is available 24 hours, 7 days a week. You can reach the team via live chat, email or phone call. You can always get in touch whenever you need any assistance.

Try it now!

Calculate the price of your order

Total price:
$0.00

How it works?

Follow these simple steps to get your paper done

Place your order

Fill in the order form and provide all details of your assignment.

Proceed with the payment

Choose the payment system that suits you most.

Receive the final file

Once your paper is ready, we will email it to you.

Our Services

You have had a hectic day, and still need to complete your assignment, yet it is late at night. No need to panic. Place your order with us, retire to bed, and once you wake up, the paper will be ready.

Essays

Essay Writing Service

It does not matter the urgency of your paper, or the academic level, our team is ready to help you 24/7. Just contact us and all your academic needs will be sorted.

Admissions

Admission Essays & Business Writing Help

A student is often required to write an admission letter requesting to be admitted in a certain institution. For you to be gain that admission in your dream institution, you must write a convincing letter. You can depend on our team for the best admission letters.

Reviews

Editing Support

Academic writing is not just about getting information and throwing it all over. Our team will ensure you have a polished paper that is coherent and has a good flow of information. We also ensure the paper follows the correct formatting styles like APA, Harvard, MLA, Chicago/Turabian.

Reviews

Revision Support

If our writers write a paper but you are not satisfied in one way or another, you can always ask for revision. This is totally free. Our writers and editors will revise your paper untill you are be totally satisfied. We as well offer revision for papers not done by our writers at a small fee.