8Th Admendment Rights

Writing Assignment # 1 In this paper I leave alone be comparing and contrasting twain commanding motor lodge studys. Both of the consequences were aggregationed to the supreme act on the base that on that point eighth amendment rights were rail atd. In both cases there appeal was that the sentences they sure were poisonous and merry punishment. The first case is Harmelin vs. international mile in 1991. In the case Harmelin was convicted on possession of cocaine and was sentenced by the cost to look 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 courtyard 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 secernate sentencing requirement, which evolved in the context of the Courts capital sentencing jurisprudence, did not apply to noncapital crimes. The flake 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 adduce Supreme Court on the basis that his punishment was cruel and droll do to him cosmos considered mentally retard. He was deemed mentally retard on the basis of inform records and IQ leaven preformed by a clinical psychologist. Atkins thus appealed his case to the U.S. Supreme Court on the ground that his 8th amendment 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 tha t 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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