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For this Assignment, assume that you are a U.S. Senator. While you will have personal views, looks at those views as being ones held by constitutes which must be balanced by you, the Senator, with what is best for the overall good of the Country. Write a 2-page paper providing your answer. This is not a legal question and there is no right or wrong answer. It is more philosophical. Approach your answer in that way. The paper must use a font no bigger than 12 points, be doubled spaced with margins no larger than one inch.
Michael is an avid football fan who also enjoys posting on social media and playing computer games. He has generally been law abiding throughout his life, save for a few traffic tickets during his teens. He has always longed for new corvette sports car, but has never been able to afford one. All of his friends now have a corvette. Michael decides to rob a bank for the money to buy the corvette. He plans the robbery very well and believes that he can get away with it. However, the robbery goes badly wrong and two innocent bystanders are caught in a cross fire between Michael and the police and are killed. Michael is caught, tried and convicted. The Prosecutor wants the death penalty for Michael. William has always hated the U.S. and the American way of life. He thinks that there are too many restrictive laws that limit a person’s right to live their lives the way they want. Considering all of the divides and tensions currently in the U.S., William decides to institute a civil war pitting various groups against each other. He thinks that this will bring the Country down. In the beginning stages of the “war” a large number of people are killed but the rebellion is ultimately put down. William is arrested and charged with a number of crimes, including murder. He is convicted on 15 murder counts. The Prosecutor want the death penalty for William. The Eight Amendment to the U.S. Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Assume that the death penalty is “cruel and unusual” regardless of how it is carried out. Should the Eight Amendment apply to Michael regardless given the crime that he committed? Should it apply to William regardless given the crime that he committed? As you know, Congress consists of two legislative bodies, the House of Representatives and the Senate. Members of the House represent a specific Congressional District within their state while a member of the Senate represents their entire state. It is said that a senator must balance and blend the views of their constitutes while at the same time exercising their own judgement for the overall good of the country rather than always strictly following the wishes of constitutes.
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