Thursday, March 29, 2012

Cruel And Inhuman Punishment

Got Justice?
You're kidding, right? Antonin Scalia actually said he didn't read the 2,700 page ACA. He said his clerks could do that. One of the most important pieces of legislature of our time, and he says he didn't do his homework, and invokes the 8th amendment as a joke. I find it interesting that 40 million people can go without healthcare, and that isn't cruel or inhuman. They can go to the emergency room, that they can't pay for, so health insurance rates go up, but that is ok, just don't take away our freedom. Freedom to be sick, to be in pain, to go without. Just keep your hands off my medicare.
No one has been arrested for the Trayvon Martin murder, Maybe his parents and the prosecutor should invoke the 8th amendment. It is cruel and inhuman to chase down a 17 year old, armed with an iced tea and a cellphone, and shoot him, for wearing a hoodie, and then get away with it.
$50,000 for the family members of the 17Afghan men, women and children, allegedly gunned down by Sgt. Robert Bales, who had too many tours of duty in a country we should have never made war on.
Millions of people out of work (with no healthcare) as a result of the financial meltdown of 2008, no bankers were arrested for that travesty either. Millions foreclosed on or underwater on their mortgages, thanks once again, to fraud perpetrated by the banks. I guess the millions of people forced out of their homes doesn't come under cruel and inhuman 8th amendment violations. Or does it? Maybe Justice Scalia has a good idea there. Maybe we should start prosecuting the banks, the healthcare industry, the lobbyists, Congress, the Senate, pepper spraying cops, (is there anyone left?) utilizing the 8th amendment.
  • The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity," especially torture.
  • "A severe punishment that is obviously inflicted in wholly arbitrary fashion."
  • "A severe punishment that is clearly and totally rejected throughout society."
  • "A severe punishment that is patently unnecessary."
Is being sick and in pain, not able to pay for a doctor or a surgery, or qualify for medicare and not able to afford health insurance cruel? Inhuman?
Was the financial crisis of 2008  a severe punishment inflicted in an arbitrary fashion on millions of citizens in this country? Was it patently unnecessary? Was it rejected throughout society?
Is the murder of Trayvon Martin a severe punishment rejected throughout society?
Pepper spraying Occupy Wall Street protestors seems to me patently unnecessary.
What is the 8th amendment for exactly? It seems that there is little or no justice for criminal acts that have been perpetrated on Americans.
It seems that there is no end to the list and no justice either.
 Eighth Amendment to the United States Constitution - Wikipedia, the free encyclopedia

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