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The Supreme Court Essay

FACTS:

            This case involves the pupils in a Dade County Junior High School who have filed for damages and declaratory relief with regard to the allegations that the students were subjected to corporal punishment which violated their constitutional rights.  The school board argued in response that such corporal punishment was allowed under the regulations that were released authorizing such punishment to be carried out under strict specifications.

ISSUES:

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            The first issue here is whether or not the execution of such corporal punishment falls under the prohibition on cruel and unusual punishment contained in the Eight Amendment.

            The second issue in this case is whether or not the Fourteenth Amendment requires notice and hearing before the imposition of corporal punishment

HELD:

            Anent the first issue, the Supreme Court ruled that the Cruel and Unusual Punishment Clause under the Eighth Amendment does not apply to disciplinary corporal punishment in schools.  The Supreme Court reasoned that the jurisprudence has consistently maintained that the prohibition on cruel and unusual punishment only applies to protect those who have been charged and convicted of crimes.

            On the second issue, the Supreme Court held that notice and hearing is not required for the imposition of the corporal punishment in public schools.  The essential consideration in this matter is that the corporal punishment not exceed the limitations that have been set.

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The Supreme Court. (2017, Feb 15). Retrieved from https://studymoose.com/the-supreme-court-essay

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