Criminal Law And Procedures

Criminal Law and ProceduresThe principle of due process guarantees the ripe to life , liberty and property to every person when the government activity would deny or deprive the aforesaid constitutional rights . In connection with the aforesaid principle is the Eight Amendment provision of the institutionalise of rights that prohibits the imposition of penalties that outrages the fundamental philosophy of human dignity and confers disproportionate punishment that would shock the conscience of men from the iniquity affiliated (Lectric Law Library , n .dIn the examination of the case at bar , the sentence of Douglas Deville does violate the Eight Amendment clause because he was sentenced to life imprisonment without parole . The circumstances do non warrant the application of the trio strike integrity to Deville . The three strike rule requires that the defendant must be tack together guilty in federal courtyard of a sedate violent felony and must have two or more than earlier convictions in acres or federal courts . boost , at least one of the said convictions must be a unsafe medicine offense or serious 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 Title 21 relating manufacture , distribution or possession with intent to address large amounts of controlled substances , or any other comparable 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 penalty clearly offends the notions of fundamental philosophy of human dignity , and obviously very disproportionate to the crime punished . It is a sound principle of Constitutional law that recidivists must equally undertake 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 September 21 , 2008 , from HYPERLINK http /network .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 all-inclusive essay, order it on our website: Ordercustompaper.com

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