Kalief Brown

The focus of the discussion of Eighth Amendment protections is often focused on issues surrounding capital punishment (whether a defendant, once convicted, should be sentenced to death as punishment), but is that ALL that the  Eighth Amendment addresses? You must also respond to two other students’ threads for consideration for full points.

Consider the real life story of Kalief Browder, a young man from New York, who spent three years in custody based upon an accusation of criminal conduct.  The story of what happened to Mr. Browder while in custody is troubling. What happened to Mr. Browder after he was cleared of wrongdoing and finally released from prison is even worse.

Please review the resources linked below BEFORE you answer the discussion questions:

https://elearn.memphis.edu/content/enforced/201380/8715600-55978.202150/Columbia%20Law%20Review%20Right%20to%20Bail.pdf?_&d2lSessionVal=cO2lnOT5wkIoLxe6tIW1gekou

https://www.huffpost.com/entry/kalief-browder-death_n_7535420

https://elearn.memphis.edu/content/enforced/201380/8715600-55978.202150/A-Closer-Look-at-Solitary-Confinement-in-the-United-States-By-Kalief-Browder.pdf?_&d2lSessionVal=cO2lnOT5wkIoLxe6tIW1gekou

Discussion Questions: 

Your initial answer to this discussion board must fairly address all of the following issues to be considered for extra credit.

1. Is there a link between excessive bail and “cruel and unusual punishment?” If so, what is that link and how does it manifest?

2. Which other civil liberties might be impacted by excessive bail? What is the link between that (those) freedom(s) from overbearing government interference and “cruel and unusual punishment?”

3. What role does the prosecutor play in keeping citizens accused of crimes incarcerated pre-trial? What does this role say about the influence of the government on whether an individual’s Eighth Amendment rights are violated?

4. What solutions can you come up with to prevent violations of the Eighth Amendment like in the matter of the life and death of Kalief Browder?