James's got in a fight after school and punched another student. He was arrested and convicted at trial. Instead of jail time, his punishment would be a caning of 100 lashes in the auditorium with the entire school watching. Which amendment is being violated?

Question

History

Brent Macias

20 December, 09:54

James's got in a fight after school and punched another student. He was arrested and convicted at trial. Instead of jail time, his punishment would be a caning of 100 lashes in the auditorium with the entire school watching. Which amendment is being violated?

+5

Answers (1)

Know the Answer?

Victor Gates · Answer 1

The Eighth Amendment

Explanation:

The Constitution's Eighth Amendment prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment.

Tangent:

There is an interesting caveat to this, outlined by 1977 Supreme Court case Ingraham v Wright, where Florida's public schools maintained the right to use corporal punishment (physical pain) for disciplining or punishing its students.

14 year-old James Ingraham didn't listen to his teachers, was sent to the office, insisted he was innocent, and was promptly spanked with a paddle, suffering injuries that required medical attention. The Supreme Court found that this wasn't a violation of the 8th Amendment, and his case can be handled in lower level courts.