While in the trail, the jury returned the verdict as guilty. They sent him to mandatory term of life imprisonment without a parole. Therefore, the government did not give him a parole, which violates the eighth amendment which would…
Was the Fourth and Fourteenth Amendments violated? Holding: The Trial Court held that the officer did have probable cause to search the vehicle and arrest the three men. The Supreme Court held that the officer did have probable cause to believe that Pringle had committed the crime of possession of a controlled substance. The Supreme Courts holding that the officer had probable cause to arrest Pringle also proves that the officer did not violate the Fourth and Fourteenth Amendments.…
This case began in 1961 when a man named Clarence Earl Gideon was arrested. Clarence Earl Gideon was arrest for breaking into a Panama City in Florida. He entered a pool room and planned to steal money from the hall’s vending machines. He was charged in Florida State with a felony because he ended stealing from the vending machines. He did have a criminal back ground and was before in and out of prison but it wasn’t anything big he every committed.…
FACTS: Petitioner was charged in Florida with breaking and entering with intent to commit a misdemeanor; this offense is a felony in Florida. The petitioner asked the trial court to appoint counsel, but the court denied the request. The petitioner was found guilty and sentenced to 5 years in prison. The petitioner then filed in the Florida Supreme Court for habeas corpus arguing that the refusal of the trial court to appoint counsel denied him of constitutional rights, but was denied the relief. The case before the U.S. Supreme Court is a Writ of Certiorari.…
Vermont vs. Brillon In July 2001, Michael Brillon was arrested for striking his girlfriend in Bennington County, Vermont. Brillon was appointed a public defender, Richard Ammons. Ammons was eventually fired by Brillon.…
Grassley Cruz Legislation The Grassley Cruz Legislation is a bill that aims to achieve a variety of gun control issues in order to allow for greater safety from guns. The attempt to better gun safety is to first increase resources and tools for prosecuting criminals of these crimes. It is able to achieve this be criminalizing straw purchases of weapons along with adding additional penalties and qualifications for trafficking guns. The bill also aims to increase school safety.…
The 8th amendment stops the federal government from any excessive bail, excessive fines, or cruel and unusual punishment. The 8th amendment also applies to the states and not just the federal government. The 8th amendment was adopted as a part of the Bill of Rights in 1791. Because of this amendment, there are very rules laws for the death penalty for example execution by firing squad is not allowed (this used to be a form of capital punishment where they would kill the victim with firearms). This amendment states that there should not be too many bails out of jail in the country.…
In 1789, James Madison creator and supporter of the 8th amendment and later ratified in 1791 states that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted. A supporter of the 8th amendment and chief recorder of information for Virginia. The founding fathers also supported the 8th amendment. A supporter of the 8th amendment, Goerge Mason, he included the three provisions for the 8th amendment. For example, a person who steals from a convenience store cannot be put in jail and have bond set for one million dollars because the 8th amendment states that no excessive fines imposed.…
District of Columbia v. Heller The Second Amendment is one of the most controversial amendments in the Constitution. There have been several cases where the Amendment has been challenged. As the world keeps growing and developing, the amendments have stayed the same since the creation in 1789. Therefore, as the years go by the original meaning of the text is getting lost in translation, which has caused the Supreme Court Justices to try to interpret the meaning the best way they can to ensure a fair trial.…
Austin Williams Ms. Plaehn/Ms. Ruch Senior Demonstration 28 April 2016 Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. —8th Amendment to the United States Constitution Constitutionality Oklahoma leads the country in the highest number of executions per capita. The most recent person executed was Charles Frederick Warner. His execution came while awaiting a notice of whether or not the U.S. Supreme Court would hear his case on the death penalty. He was executed on January 15, 2015, just eight days before the court granted a hearing; consequently the state of Oklahoma robbed his legal team of the chance to plead for the lives of hundreds in front of the highest court in the land.…
The Eight Amendment also requires that the punishment be graduated and proportioned to the offense. It forbids grossly disproportionate sentences (Rhodes, 2015). The U.S. Supreme Court reversed the Alabama Supreme Court’s decision and remanded. The Court held that the Eight Amendment’s prohibition against cruel and unusual punishment forbids a mandatory sentence of life in prison without parole for juvenile homicide offenders.…
The Eighth Amendment, which forbids unnecessary fines and bails as well as cruel and unusual punishment, was included in the Constitution because the British’s ways of punishment angered the Founding Fathers of the constitution and they wanted to be sure that the government’s power would not be abused and to prevent any future problems arising in areas of justice. The framers of the constitution, when writing the Eighth Amendment, took into consideration cases where severe punishments such as, branding, strangling or burning would be used. According to Exploring Constitutional Conflicts, “One clue to the expectations of the framers comes from the debates of the First Congress that proposed the Eighth Amendment. On the floor of the House, Representative Livermore complained about the vagueness of the amendment's language: "It is sometimes necessary to hang a man, villains often deserve a whipping, and perhaps having their ears cut off, but are we in the future to be prevented from inflicting those punishments because they are 'cruel'?” .…
citizens are protected from cruel and unusual punishment.” Stephanie Manus deserves to be put in prison for kidnapping but the idea of even making her shave her head and stand on the freeway is too much. The judge shouldn’t have suggested this because prison would be enough, if the judge does decide to make her do that, he wouldn’t be able to do that. Since that would be cruel and unusual punishment, thus violating the 8th amendment.…
On December 15, 1791 the 8th amendment was ratified in the United States constitution. Understanding the 8th amendment is fairly simple, “subjecting any citizen to cruel and unusual punishment. Other parts of the amendment prohibit the government from imposing fines or bail which are considered excessive” (The 8th Amendment to the Constitution).…
The Sixth Amendment also covers the right to question witnesses against them and the right to get his or her own witnesses to testify. The Eighth Amendment controls the bail, fines, and punishment. The Eighth Amendment does not allow the government to demand excessive bail, excessive fines, or any cruel and unusual punishment. (Alchin, 2015)…