Andrew is sentenced to death for torture. In Andrew’s state, an “eye-for-an-eye” statute mandates punishment that mimics the defendant’s crime. Pursuant to this statute, Andrew will be tortured to death. Is the state’s eye-for-an eye statute constitutional under the Eighth Amendment? Why or why not? (3.6.9).
Criminal Law Exercise #2: The Menendez Brothers
Review the case of Menendez v. Terhune, 422 F.3d 1012 (2005). The links to the case are in the Introduction to Criminal Law book (5.2.6). After reviewing all relevant materials, answer the following question. Your response must be in APA format.
Do you think the Menendez case should have been treated as a “battered child syndrome” case, easing the requirement of imminence and allowing jury instruction on imperfect self-defense? Why or why not?