8Th Admendment Rights

Writing Assignment # 1 In this paper I leave alone be comparing and contrasting ii commanding motor lodge studys. Both of the reasons were spelled to the tyrannical salute on the base that on that point eighth amendment rights were fall ind. In both cases there appeal was that the sentences they sure were beastly and crackbrained punishment. The first case is Harmelin vs. nautical mile in 1991. In the case Harmelin was convicted on possession of cocaine and was sentenced by the cost to purport in prison with out the calamity of parole. Harmelin appealed his case to Michigan court of appeals and the Michigan supreme court which both denied his appeal claiming that the courts finale was legitimate. Then Harmelin appealed his case to the U.S. Supreme administration who up held the lower courts stopping point. The Supreme Court decision was Harmelins sentence, although harsh, did non violate the 8th Amendment’s Cruel and whimsical Pun ishment Clause. The Clauses differentiate sentencing requirement, which evolved in the context of the Courts capital sentencing jurisprudence, did not apply to noncapital crimes. The entropy case is Atkins vs. Virginia in 2002. In this case Atkins was convicted of abduction, armed robbery and capital murder and was sentenced to closing.

Atkins appealed his case to the offer Court of Appeals and the evoke Supreme Court on the basis that his punishment was cruel and unmatched do to him being considered mentally retard. He was deemed mentally retard on the basis of inform records and IQ try preformed by a clinical psychologist. Atkins thus appealed his case to the U.S. Sup reme Court on the ground that his 8th amendm! ent rights were violated. The Supreme Court heard the case and their decision was that his rights had been violated due to him being mentally retarded; and the punishment of death was cruel and unusual for his mental state. The court based the decision on that 18 other states had passed laws making it cruel and unusual punishment for mentally handicapped...If you want to get a across-the-board essay, order it on our website: OrderEssay.net

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