Criminal Law And Procedures

Criminal Law and ProceduresThe principle of due process guarantees the in advance(p) to life , liberty and property to every person when the governance activity would deny or deprive the aforesaid native rights . In connection with the aforesaid principle is the Eight Amendment training of the institutionalise of rights that prohibits the imposition of penalties that outrages the fundamental philosophy of human self-respect and confers disproportionate punishment that would shock the conscience of men from the manginess affiliated (Lectric Law subroutine library , n .dIn the examination of the font at bar , the judgment of conviction 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 str ike integrity to Deville . The triplet strike rule requires that the defendant moldiness be entrap together guilty in federal 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 shame or dangerous violent felony in for the court to impose legally a mandatory life imprisonment to the convicted personA serious drug offense comprises of ongoing illegal scheme contraventions of agnomen 21 relating manufacture , distribution or possession with inclination to address large amounts of controlled substances , or any other similar 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 penalization clearly offends the notions of fundamental philosophy of human dignity , and obviously very disproportionate to the crime punished . It is a just principle of Constitutional law that recidivists must equally contract the similar legitimate exam parallel to every sentencing regulation . 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 kinsfolk 21 , 2008 , from HYPERLINK http / cyberspace .lectlaw .com /def /c182 .htm http /www .lectlaw .com /def /c182 .htmUnited States Departme nt 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 wide essay, order it on our website: OrderCustomPaper.com

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