What is the name of your state? Washington
I'm a senior in high school and I was wondering if there was anybody out there that could possibly help me with a fictional case.
Dave Miller was convicted of first-degree murder in 1994 and was sentenced to death. At the time of his death, the state of Arkansas allowed the convicted death row immated to choose either death by hanging or the electric chair. After weeks of agonizing thought, which was acknowledged by the state at the time, Mller chose death in the electric chair. As part of the normal course of the judicial system, Miller also started an appeal procress of his conviction. It is now 2005 and the appeal process has run its course. Miller's appeals have been denied and he is scheduled for execution on Nov. 30, 2005. However, the state of Arkansas no longer uses the electric chair and Miller is asked to choose between lethal injection or hanging. Miller is outraged that he once again has to contemplate his own death. Although there is a provision in Arkansas law that allows the state to choose the method of exectution if the inmate refuses, Miller is nevertheless incensed that he is asked the question and sues the state of Arkansas in Federal Court. The 8th District Court of Appeals agrees with Miller and the State of Arkansas appeals to the Supreme Court. The case is known as Miller (R) v. Arkansas (P)
So far, I can only think that Miller's side would say that his case affects the 8th amendment, but in all reality, it actually doesnt. Being hung, electrocuted, or injected is not cruel or unusual. Please help, I really dont know what else I can say for my fictional case
I am on the petitioner side...If anyone could help that would be unbelievably awesome!
I'm a senior in high school and I was wondering if there was anybody out there that could possibly help me with a fictional case.
Dave Miller was convicted of first-degree murder in 1994 and was sentenced to death. At the time of his death, the state of Arkansas allowed the convicted death row immated to choose either death by hanging or the electric chair. After weeks of agonizing thought, which was acknowledged by the state at the time, Mller chose death in the electric chair. As part of the normal course of the judicial system, Miller also started an appeal procress of his conviction. It is now 2005 and the appeal process has run its course. Miller's appeals have been denied and he is scheduled for execution on Nov. 30, 2005. However, the state of Arkansas no longer uses the electric chair and Miller is asked to choose between lethal injection or hanging. Miller is outraged that he once again has to contemplate his own death. Although there is a provision in Arkansas law that allows the state to choose the method of exectution if the inmate refuses, Miller is nevertheless incensed that he is asked the question and sues the state of Arkansas in Federal Court. The 8th District Court of Appeals agrees with Miller and the State of Arkansas appeals to the Supreme Court. The case is known as Miller (R) v. Arkansas (P)
So far, I can only think that Miller's side would say that his case affects the 8th amendment, but in all reality, it actually doesnt. Being hung, electrocuted, or injected is not cruel or unusual. Please help, I really dont know what else I can say for my fictional case
I am on the petitioner side...If anyone could help that would be unbelievably awesome!