Criminal Law And Procedures

Criminal Law and ProceduresThe ruler of due process guarantees the keen to life , liberty and holding to e very(prenominal) person when the government would deny or clean the afore verbalise constitutional rights . In connection with the aforesaid precept is the eighter Amendment provision of the business office of rights that prohibits the imposition of penalties that outrages the fundamental doctrine of homophile dignity and confers disproportionate punishment that would shock the moral sense of men from the annoyance institutionalise (Lectric Law Library , n .dIn the examination of the case at bar , the sentence of Douglas Deville does break out the Eight Amendment clause because he was sentenced to life imprisonment without discussion . The circumstances do non excuse the application of the common play strike constabulary to Deville . The common chord strike rule requires that the suspect must be excogitate guilty in federal flirt of a advantageous risky felony and must tolerate two or to a greater extent foregoing convictions in assert or federal courts . moreover , at least one of the said convictions must be a heartrending drug discourtesy or unplayful violent felony in for the court to run low down law aboundingy a mandatory life imprisonment to the convicted role serious drug offense comprises of ongoing illegal plan contraventions of Title 21 relating fictionalization , distribution or self-possession with intent to serve big(a) amounts of controlled substances , or any separate comparable state offenses (Harris , n .

d Therefore , Deville s prior offenses do not map serious drug offense as defined by the collar strike ruleDeville s penalty clear offends the notions of fundamental philosophy of human dignity , and obviously very disproportionate to the crime punished . It is a sound dominion of Constitutional law that recidivists must equally undertake the exchangeable legitimate testing parallel to every sentencing statute . infra the circumstances , Deville would be unjustly imprisoned for more than what the speech communication of the law legally permits apparently , the pronouncement of the sentence by the federal court was nought and void because it resulted to a vindictive punishment , reversal to the Eight AmendmentReferencesLectric Law Library (n .d . inhuman And Unusual penalisation . Retrieved family line 21 , 2008 , from HYPERLINK http / web .lectlaw .com /def /c182 .htm http / vane .lectlaw .com /def /c182 .htmUnited States Department of Justice (n .d . 1032 Sentencing Enhancement- triad 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 full essay, aim it on our website: Orderessay

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