Several weeks ago I offered to provide a free copy of an excerpt from our Criminal Procedure Exam Writing Template. We have had so many requests that we have decided to simply make it available here on my blog. The 8th Amendment has not been tested in some time. The excerpt does not include every aspect of the 8th Amendment. However, it does include two of the more commonly essay tested areas of the 8th Amendment – Right to bail and also the Right Against Cruel and Unusual Punishment – specifically – how to address an essay question that asks you to determine whether or not the imposition of the death penalty (in a particular circumstance) is constitutional or instead a violation of the defendant’s 8th Amendment right to be free from cruel and unusual punishment.
While these issues are not difficult, examinees often have trouble with these areas. This is likely due to the fact that many courses do not draw attention to these areas. And also, because most course materials do not lay out any recommended test language. This makes what is otherwise a fairly simple area, challenging.
Here is the 8th Amendment Excerpt:
I will continue to make suggestions this week.
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Good luck to everyone studying for the bar!