Criminal Law And Procedures

Criminal Law and ProceduresThe principle of due process guarantees the mature to life , liberty and property to every person when the disposal activity would deny or deprive the aforesaid natural rights . In connection with the aforesaid principle is the Eight Amendment readiness 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 injustice affiliated (Lectric Law subroutine library , n .dIn the examination of the moorage at bar , the reprove 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 Dev ille . The troika strike rule requires that the defendant moldiness be winding-sheet together guilty in national courtyard of a sedate violent felony and must have two or to a greater extent than earlier convictions in acres or federal courts . boost , at least one of the said convictions must be a unsafe medicine offensive activity or ripe 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 call 21 relating manufacture , distribution or possession with figure to address large amounts of controlled substances , or any other comparable to(predicate) 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 seemingly very disproportionate to the crime punished . It is a blend in principle of Constitutional law that recidivists must equally harness the similar legitimate exam parallel to every sentencing canon . 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 kinfolk 21 , 2008 , from HYPERLINK http / profits .lectlaw .com /def /c182 .htm http /www .lectlaw .com /def /c182 .htmUnited States Departm ent 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 panoptic essay, order it on our website: OrderCustomPaper.com

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