Criminal Law And Procedures

Criminal Law and ProceduresThe principle of due process guarantees the undecomposed to life , liberty and property to every person when the brass activity would deny or deprive the aforesaid thorough rights . In connection with the aforesaid principle is the Eight Amendment readying of the institutionalise of rights that prohibits the imposition of penalties that outrages the fundamental philosophy of human lordliness and confers disproportionate punishment that would shock the conscience of men from the sliminess affiliated (Lectric Law depository library , n .dIn the examination of the theme at bar , the sentence of Douglas Deville does violate the Eight Amendment article because he was sentenced to life imprisonment without parole . The circumstances do non warrant the application of the trio strike integrity to De ville . The trinity strike rule requires that the defendant essential be flat solid together guilty in national courtyard of a sedate violent felony and must have two or more(prenominal) than earlier convictions in acres or federal courts . boost , at least one of the said convictions must be a unsafe medicine aversion or skillful violent felony in for the court to impose legitimately a mandatory life imprisonment to the convicted personA serious drug offense comprises of ongoing illegal scheme contraventions of entitle 21 relating manufacture , distribution or possession with clothed to address large amounts of controlled substances , or any other alike(p) state offenses (Harris , n .

d Therefore , Deville s prior offenses do not make up serious drug offense as defined by the three strike ruleDeville s punishment clearly offends the notions of fundamental philosophy of human dignity , and patently very disproportionate to the crime punished . It is a expectant principle of Constitutional law that recidivists must equally guarantee the similar legitimate exam parallel to every sentencing statute . Under the circumstances , Deville would be unjustly imprisoned for more than what the language of the law legally permits Apparently , the pronouncement of the sentence by the federal court was null and void because it resulted to a vindictive punishment , reverse to the Eight AmendmentReferencesLectric Law Library (n .d . Cruel And Unusual punishment . Retrieved phratry 21 , 2008 , from HYPERLINK http / mesh .lectlaw .com /def /c182 .htm http /www .lectlaw .com /def /c182 .htmUnited States Department of Justice (n . d . 1032 Sentencing Enhancement- Three Strikes Law . Retrieved September 21 , 2008 , from http /www .usdoj .gov /usao /eousa /foia_reading_room /usam /title9 /crm01032 .h tm...If you want to get a blanket(prenominal) essay, order it on our website: OrderCustomPaper.com

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