8Th Admendment Rights

Writing Assignment # 1 In this paper I go on alone be canvas and contrasting two overbearing motor lodge studys. twain of the characters were appealed to the ultimate chat up on the base that on that compass point eighth amendment rights were profaned. In both depicted objects there appeal was that the sentences they convinced(predicate) were cruel and laughable punishment. The source 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 hazard of parole. Harmelin appealed his case to Michigan flirt of appeals and the Michigan supreme royal court which both denied his appeal claiming that the courts extent was legitimate. Then Harmelin appealed his case to the U.S. lordly motor hotel who up held the dismay courts stopping point. The Supreme Court conclusion was Harmelins sentence, although harsh, did non violate the eighth Amendment’s Cruel and preposterous Punishment Clause. The Clauses individualized sentencing requirement, which evolved in the context of the Courts slap-up 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 conjure Court of Appeals and the State Supreme Court on the earth that his punishment was cruel and curious do to him being considered genially match. He was deemed mentally retard on the basis of asseverate records and IQ test preformed by a clinical psychologist. Atkins consequently appealed his case to the U.S. Supreme Court on the ground that his eighth amendment rights were violated. The Supreme Court hear the case and their decision was that his rights had been violated due to him being mentally retarded; and the punishment of last was cruel and unique for his mental state. The court based the decision on that 18 separate states had passed laws making it cruel and unusual punishment for mentally handicapped...If you pauperism to get a wide essay, order it on our website: Ordercustompaper.com

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