Leg 320 Assignment 3

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Sentencing of a Felon John E. Brown Strayer University LEG 320 – Criminal Law Professor Shawn M. Koenig, Esq. November 24, 2013 Sentencing of a Felon Introduction: Sentencing in the United States is governed by the legal process of our judicial system to ensure that all criminals are treated fairly when they are being sentenced. While using certain principles, the court and the legal system work together to make sure that they issue the appropriate punishment. When dealing with proportionality laws, it all depends on if you’re dealing with the state or federal law, and whether the death penalty might apply. When it comes to capital punishment, proportionality under the Eight Amendment to the U. S. Constitution means that any state or federal law that allows for the death penalty must specify the exact crimes for which the death penalty may be imposed. In addition, the crimes specified have to be serious enough to justify the punishment. www.criminal.lawyers.com>...>criminallaw. In non-capital cases where a defendant, if convicted, doesn’t face the death penalty because the rules on proportionality aren’t always clear. Under the Eight Amendment, federal and state criminal laws can’t allow excessive bail, fines, or cruel and unusual punishment. The Amendment doesn’t expressly bar disproportionate sentences. However, the U. S. Supreme Court has indicated that the Eight Amendment bars sentences that are grossly disproportionate. The three groups of persons whom cannot be given the death penalty are people who commit a crime while younger than 18 years of age. (Roper v Simmons, March, 2005). People with mental retardation cannot be executed. (Atkins v Virginia, June, 2002). People with severe mental illness cannot be executed, however, the only decision that is clear cut is the one dealing with juveniles. The Supreme Court

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