ASSIGNMENT HELP | Can the U.S. Supreme Court find such punishment to be cruel and unusual?

Suppose a majority of the states authorize castration as the appropriate punishment for male \”sexual predators\” who have been convicted of three violent sexual assaults. Can the U.S. Supreme Court find such punishment to be cruel and unusual?

SAMPLE SOLUTION

Due to the unique nature of sexual predators, it has been a complexPLACE YOUR ORDER NOW AT writtask.com |and government agencies to punish sex offenders. Previous cases and researches have indicated that sexual predators do not change their behaviours despite going through traditional deterrents like imprisonment, society reproach among other shame-inducing PLACE YOUR ORDER NOW AT writtask.com | are nonhomogeneous group, and their motivations to commit sex crimes differ significantly. Studies have demonstrated that incarcerated sexual offenders continue with their victimization activities even after PLACE YOUR ORDER NOW AT writtask.com | Court reports show that sexual predators are four times likely to be rearrested compared to non-sex offenders for another crime after being discharged from prison (Heim, 2019).  

Castration is among the various approaches used by states in an attempt to fill the gaps left by traditional punishments to sexual PLACE YOUR ORDER NOW AT writtask.com | the direction to the on-going debate on using castration as a way of punishing sexual predators as he volunteered for surgical castration in exchange for a PLACE YOUR ORDER NOW AT writtask.com | Supreme Court, castration violates the English Amendment probation against unusual and cruel punishment thus is unlikely to pass the constitutional PLACE YOUR ORDER NOW AT writtask.com |Court because it raises the question of whether sexual predators that have chosen to undergo castration voluntarily PLACE YOUR ORDER NOW AT writtask.com | be able to waive the Eighth Amendment protection.   Surgical castration tends to fail most provisions of the Eighth Amendment as the process entails a permanent change to the body PLACE YOUR ORDER NOW AT writtask.com | and eradicate the ability of the offender to PLACE YOUR ORDER NOW AT writtask.com | Supreme Court hold procreation as a fundamental right, castration thus renders the procedure inherently cruel and unusual.

References

Ratkoceri, V. (2017). Chemical Castration of Child Molesters–Right or Wrong?!. European Journal of Social Science Education and Research, 4(5), 70-76.

Heim, N. (2019). Surgical Castration of Sex Offenders. BoD–Books on Demand.

Wiersma, B. A., & Siedschlaw, K. D. (2016). Student attitudes toward sex offender policies and laws. College Student Journal, 50(2), 143-152.