Criminal Law And Procedures

Criminal Law and ProceduresThe principle of due process guarantees the skilful to life , liberty and property to every person when the politics would deny or deprive the aforesaid constitutional rights . In connection with the aforesaid principle is the Eight Amendment provision of the billet of rights that prohibits the imposition of penalties that outrages the fundamental ism of human dignity and confers disproportionate punishment that would shock the conscience of men from the annoyance perpetrate (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 common chord strike constabulary to Deville . The three strike rule requires that the defendant must be prepare guilty in federal flirt of a beneficial violent felony and must have two or to a greater extent earlier convictions in assert or federal courts . moreover , at least one of the said convictions must be a heartrending drug offense or serious violent felony in for the court to impose law aboundingy 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 serve large amounts of controlled substances , or any other comparable state offenses (Harris , n .

d Therefore , Deville s prior offenses do not map 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 testing 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 , reversal to the Eight AmendmentReferencesLectric Law Library (n .d . Cruel And Unusual penalisation . Retrieved September 21 , 2008 , from HYPERLINK http / web .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 full essay, order it on our website: Ordercustompaper.com

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