Until 2002, Simmons made appeals to state and federal court. In 2002, Simmons execution was delayed as the Supreme Court of Missouri decided Atkins v. Virginia. In Atkins v. Virginia, the Supreme Court of Missouri held that eighth and the amendments prohibit the execution of minors. Simmons filed a new petition for state postconviction relief considering the Atkins v. Virginia case. The Missouri Supreme Court based on this decision resentenced Simmons death sentence to life in prison without chance of parole.…
The U.S. Supreme Court would judge the case on whether sentencing a fourteen-year-old to life in prison without parole violates the Eight and Fourteenth Amendment’s prohibition of cruel and unusual punishment (Carrizales & Schultz, n.d.). Miller’s counsel argued that sentencing a fourteen-year-old to life without parole without considering certain factors such as his age violates the Eight and Fourteenth Amendments’ ban on cruel and unusual punishment (Carrizales & Schultz, n.d.). The state of Alabama argued that punishing a fourteen-year-old to life without parole does not violate the Eight or Fourteenth Amendment, but serves a justifiable penological goal when the crime is aggravated murder (Carrizales & Schultz,…
The Court stated that unless a uniform policy of determining who is eligible for capital punishment exists. The death penalty will be regarded as “cruel and unusual punishment.” Due to the Furman v. Georgia case, the death penalty was ruled illegal within the United States in…
The Supreme Court ruled that the execution of minors is cruel and punishment prohibited by the 8th…
Imagine that last week your best friend was murdered. Now, you’re in court and the offender was ruled to have only 11 years of prison, instead of the death penalty in the eyes of the pubic. Would you agree that the punishment given was proportional and justified the crime offended? It certainly wouldn’t have back then, so why is it now? The 8th amendment have changed based on how our prosectives changed over time and so has our ways of interpreting the terms “ cruel and unusual”.…
The eighth amendment guards against the infliction of cruel and unusual punishment by the state. In regards to capital punishment, the eighth amendment becomes even clearer. The argument is that it somewhat reserves a safeguard for the capital defendants in sentencing and should not be used against a defendant. The court determined in cases that cannot be punishable by the death penalty, then the defendant that are part of the case are not obviously necessary to be protected by the eighth amendment. By ruling that the death penalty cannot be deliberate of a defendant, the court decided that it violates the eighth amendment.…
The first case that stuck out with me the most was the In re Gault case of 1967. This case focused on a youth named Gerald Gault who was 15 at the time of the supposed offense. I feel this kid was railroad from the beginning his rights were violated in many ways. He did not receive the right to counsel, notice of charges, questioning of witness because the witness did not show up for the proceedings, protection against self-incrimination, a transcript of the proceeding, nor and appellate review all these things were denied. www.ncjrs.gov I believe it was important in establishing the due process clause of the 14th Amendment which was violated.…
College Football vs NFL As years go by the meaning of the game has a developed different picture. Many things begin to change as it comes to what football is really about. The NFL and college football have changed from each other drastically. College football differs from the NFL in various of ways.…
The U.S. Constitution’s clause regarding “cruel and unusual punishment” is the most essential and contentious part of the Eighth Amendment. What does it mean for a punishment of a crime to be “cruel and unusual”? How does one evaluate a punishment’s cruelty? The Eighth Amendment, ratified in 1791, includes only sixteen words: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (Eighth Amendment).…
The Eighth Amendment prohibits cruel and unusual punishment, so therefore one may not violate this particular law. However, what would happen if one did? Would it be justice? Well, “on June 25, 2012 the supreme court ruled juveniles who committed murder could not be sentence to life in prison because it violated the Eighth Amendment…” To this, though what would man be if we did not treat every person, young or old, equally.…
Simmon's execution. During this time the U.S. Supreme Court decided Atkins v. Virginia ruled that executing the mentally disabled violated the Eighth and fourteenth Amendment prohibitions on cruel and unusual punishment because a majority of Americans found it cruel and unusual. This made the Missouri Supreme Court decide to reconsider Simmons' case. Using the reasoning from the Atkins case, the Missouri court decided that the U.S. Supreme Court's 1989 decision in Stanford v. Kentucky, which held that executing minors was not unconstitutional, was no longer valid. The opinion in Stanford v. Kentucky had relied on a finding that a majority of Americans did not consider the execution of minors to be cruel and unusual.…
Small Town High School Football vs. Division One College Football Lights shining on the local hero’s. Fans cheering at the players though most go unheard. It can all come down to one play, football is a game of inches. It takes 11 men giving every play everything they have, to come out of the game victorious. All around the United States the game of football is loved.…
In 1910, Weems v. United States allowed the Court to more loosely interpret the Eighth Amendment. The concurring emphasized that the interpretation of the Constitution, particularly the Cruel and Unusual Punishment clause, would change over time and that the Court would similarly have to adapt its views. 47 years later, the Court would formalize this idea in Trop v. Dulles. They asserted that the Eighth Amendment should be interpreted with society’s “evolving standards of decency”. The “evolving standards of decency” component of the Cruel and Unusual Punishment clause would later be cited in landmark juvenile death penalty…
There are two main types of football; College Football and the National Football League. Although, some might say that the NFL is better than College football, but there is a greater number of benefits that come from college football; that lead many football fans to say, “College football is much better than the NFL.” Admittedly, in college, only for a short period of time can a college football athlete actually play while they are enrolled in a college or university. Nonetheless, a college football player can be drafted into the NFL after he has completed his education, or he can choose to get a good job from using his education he got from attending a college. A college football player wearing protective athletic gear specifically designed to protect…
In a society where higher education is now required to be competitive in the world, colleges and universities across the country are fighting to get the top students to attend their school. Every college experience is unique; therefore, each school markets themselves to a different audience of potential students. Each school communicates a different message about the way their educational experience will work by broadcasting various recruitment tools: videos, statistics, articles, and campus pictures. Brown University and the University of Florida are two colleges that use recruitment tools as a way to promote their educational experience, in very similar yet varying ways. Both of these schools are looking to attract the brightest the Nation…