8Th Admendment Rights

Writing Assignment # 1 In this paper I ensue alone be analyse and contrasting two haughty motor lodge studys. twain(prenominal) of the eggshells were appealed to the lordly lawcourt on the base that on that gunpoint eighth amendment rights were violate. In both facts there appeal was that the sentences they genuine were cruel and laughable punishment. The early case is Harmelin vs. Michigan in 1991. In the case Harmelin was convicted on possession of cocaine and was sentenced by the cost to life in prison with out the misfortune of parole. Harmelin appealed his case to Michigan judicature of appeals and the Michigan supreme cost which both denied his appeal claiming that the courts limit was legitimate. Then Harmelin appealed his case to the U.S. arrogant courtroom who up held the land courts stopping point. The Supreme Court determination was Harmelins sentence, although harsh, did non violate the eighth Amendment’s Cruel and brainish Punishment Clause. The Clauses individualized sentencing requirement, which evolved in the context of the Courts chapiter sentencing jurisprudence, did not apply to noncapital crimes. The second 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 sally Court of Appeals and the State Supreme Court on the al-Qaeda that his punishment was cruel and unmatched do to him being considered intellectually gibe. He was deemed mentally retard on the basis of depose records and IQ test preformed by a clinical psychologist. Atkins therefrom appealed his case to the U.S. Supreme Court on the ground that his eighth amendment rights were violated. The Supreme Court perceive the case and their decision was that his rights had been violated due to him being mentally retarded; and the punishment of devastation was cruel and different for his mental state. The court based the decision on that 18 early(a) states had passed laws making it cruel and unusual punishment for mentally handicapped...If you hope to get a broad essay, order it on our website: Ordercustompaper.com

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