A year after holding that sentencing a juvenile to life without parole in non-murder cases violates the Constitution's Eighth Amendment ban on cruel and unusual punishment, the U.S. Supreme Court has agreed to decide whether imposing such a sentence on a juvenile for capital murder is unconstitutional. The Court granted certiorari in two cases, to be argued in tandem, involving defendants who were convicted of capital murder. The crimes were committed when each defendant was 14 years old.
THE U.S. Supreme Court ruled correctly in two cases on Monday, against sentencing children to life in prison without parole, and for the federal government's right to hold violent sex offenders after they have finished serving their time if they are still deemed a danger to society. The court took a reasoned approach to the question of whether children under 18 who did not kill someone should be sentenced to life in prison without the possibility of parole. It decided that the Eighth Amendment's ban against inflicting "cruel and unusual punishment" in criminal cases makes it unconstitutional to lock up juveniles until they die or are granted clemency, if they were not involved in taking another life.
...Nine of the states prohibited cruel and unusual punishment, but all allowed the death ...
As Clarence Hill lay strapped to a gurney in Florida last week, intravenous lines connected and fatal chemicals ready to flow, the nation's highest court agreed to hear his case on how inmates may challenge lethal injection as cruel and unusual punishment. In similar cases in days since, the U.S. Supreme Court has stopped two more executions by lethal injection, one in Florida and one in Missouri, but allowed two others, one in Texas and one in Indiana, to proceed.
... serves to prevent the infliction of punishment prior to conviction. '. . . Unless this right to b... a guarantee of moderate fines and against cruel and unusual punishments, and was inserted in the J...
Sentencing a juvenile to life without parole in non-murder cases violates the Constitution's Eighth Amendment ban on cruel and unusual punishment, the U.S. Supreme Court has ruled. The defendant in the case was 16 years old when he robbed a restaurant. He pleaded guilty, spent a year in jail and was given three years probation.
... and carrying out of death penalty in these cases held to constitute cruel and unusual punishment in...
The Supreme Court has decided to review whether lethal injections constitute "cruel and unusual punishment" in capital crimes cases ("Court upholds lethal injection," Nation, Friday). I believe this to be a denigration of our Constitution and the disparagement of our entire judicial system. When the Constitution was ratified, executions by hanging and the firing squad were almost daily occurrences in the states. Those methods were obviously not in violation of the Constitution. By comparison, lethal injections today are as humane as possible for the condemned.
The Supreme Court's decision in Johnson v. Texas incorrectly allowed the Texas capital sentencing guidelines to limit a jury's consideration of mitigating circumstances when determining a defendant's guilt. Consequently, the court let stand a statute that violates the Eighth Amendment's ban on cruel and unusual punishment. Juries in capital cases should be instructed to consider all aspects of a defendant's life to determine if there are mitigating circumstances that relieve the defendant of enough moral burden avoid a sentence of death.
... him for having a drug addiction was cruel and unusual punishment. Chief Lawyer for Appellant...
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