8Th Admendment Rights

Writing Assignment # 1 In this paper I leave alone be comparing and contrasting twain commanding motor lodge studys. Both of the gaffes were courted to the dictatorial coquette on the base that on that point eighth amendment rights were give awayd. In both cases there appeal was that the sentences they sure were inhumane and unique punishment. The first case is Harmelin vs. scratch in 1991. In the case Harmelin was convicted on possession of cocaine and was sentenced by the cost to spiritedness 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 coquet 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 Punishment Clause. The Clauses personalised sentencing requirement, which evolved in the context of the Courts capital sentencing jurisprudence, did not apply to noncapital crimes. The due south 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 fix Supreme Court on the basis that his punishment was cruel and ludicrous do to him beingness considered mentally retard. He was deemed mentally retard on the basis of inform records and IQ examen preformed by a clinical psychologist. Atkins thus appealed his case to the U.S. Supre me Court on the ground that his 8th amendmen! t 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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