Criminal Law And Procedures

Criminal Law and ProceduresThe formula of due process guarantees the salutary to life , liberty and prop to e truly person when the governing would deny or discase the afore tell constitutional rights . In connection with the aforesaid regulation is the octonary Amendment provision of the demarcation of rights that prohibits the imposition of penalties that outrages the fundamental philosophy of valet de chambre dignity and confers disproportionate punishment that would shock the scruples of men from the annoyance draw out (Lectric Law Library , n .dIn the examination of the case at bar , the sentence of Douglas Deville does botch the Eight Amendment clause because he was sentenced to life imprisonment without free . The circumstances do non vindicate the application of the common concord strike constabulary to Deville . The troika strike rule requires that the defendant must(prenominal) be uprise guilty in federal official flirt of a secure uncivilised felony and must contrive two or to a greater extent originally convictions in assert or federal courts . moreover , at least one of the said convictions must be a heartrending drug disrespect or flagitious violent felony in for the court to chitchat law aboundingy a obligatory life imprisonment to the convicted range of a function serious drug evil comprises of ongoing illegal design contraventions of Title 21 relating retrace , distribution or self-possession with intent to serve extended amounts of controlled substances , or any early(a) comparable state offenses (Harris , n .

d Therefore , Deville s prior offenses do not map serious drug offense as defined by the triple 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 regulation of Constitutional law that recidivists must equally undertake the like legitimate testing line of latitude to every sentencing statute . chthonian the circumstances , Deville would be unjustly imprisoned for more than what the quarrel of the law legally permits seemingly , the pronouncement of the sentence by the federal court was nix and void because it resulted to a revengeful punishment , reversal to the Eight AmendmentReferencesLectric Law Library (n .d . savage And Unusual penalisation . Retrieved kinsfolk 21 , 2008 , from HYPERLINK http / web .lectlaw .com /def /c182 .htm http /network .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 need a full essay, recite it on our website: Orderessay

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