Preview

People V. Caballero Case Study

Good Essays
Open Document
Open Document
155 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
People V. Caballero Case Study
In the People v. Caballero case, the 8th amendment was being denied when 16 year old Graham was served with “…a minimum of 110 years before becoming parole eligible” (People v. Caballero). Terrance Graham’s VIII amendment was violated, he was given a cruel and unusual punishment of a 110 year sentence, and only after that would he be eligible for parole. Graham was a 16 year old boy who was committed for armed burglary and attempted armed robbery, and was sentenced to probation. However, his probation was revoked and was sentenced to life in prison for burglary: “…leaving Graham with no possibility of release unless he was granted executive clemency” (PJDC). The number of given years is cruel because it falls out of a human’s natural life
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Case Study: Bravo Fernandez V. United States
    • 319 Words
    • 2 Pages

    Case Study: Bravo Fernandez V. United States

    Bravo Fernandez v. United States is a court case that deals with Double Jeopardy. Double Jeopardy can be defined as “the prosecution of a person twice for the same offense (dictionary.com). ” Bravo Fernandez v. United States was argued on October 4th, 2016, because of an incident that took place in May of 2005. Mr. Fernandez, whom is the president of a private security firm in Puerto Rico, and Hector Martinez-Maldonado who is a member of the Senate. Both traveled to Las Vegas to watch a boxing match. Mr. Fernandez and Mr. Martinez-Maldonado were indicted for the trips payment. The charges were violation of the federal bribery statute, conspiracy, and the Travel Act. These charges tied Mr. Martinez-Maldonado’s support of legislation beneficial…

    • 319 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    People vs Rangel Case Brief
    • 500 Words
    • 2 Pages

    People vs Rangel Case Brief

    When a search warrant is issued on the grounds of proving someone to be a part of gang activity, is it logical to be able to search their personal items such as a phone?…

    • 500 Words
    • 2 Pages
    Good Essays
    Read More
  • Powerful Essays

    Sullivan v. State - Florida Supreme Court Case Analysis
    • 3052 Words
    • 13 Pages

    Sullivan v. State - Florida Supreme Court Case Analysis

    Recently, the United States Supreme Court has decided to hear a Florida case, Sullivan v. State, 987 So.2d 83 (Fla. 1st DCA 2008), where a minor received a life without parole sentence in a conviction for rape.3 This note will analyze the Sullivan case and predict how the Court will likely rule. There are two dimensions that this note will discuss: First, the Eighth Amendment jurisprudence of the United States Supreme Court regarding proportionality in sentencing. And second, the Court’s treatment of minors under the Eight Amendment’s “cruel and unusual” clause.…

    • 3052 Words
    • 13 Pages
    Powerful Essays
    Read More
  • Good Essays

    Court Case: The Sandoval Case
    • 1340 Words
    • 6 Pages

    Court Case: The Sandoval Case

    Every case starts with an alleged crime. In the Sandoval case, the crime was murder. Sandoval was soon put into the system after he was arrested. After the arrest, Sandoval would have been book and then gone to his first appearance hearing where he is informed that he was getting charged with first-degree murder. Next would be the preliminary hearing where the defense would have received an arraignment, formally charging the suspect of the crime and asking what his plea is. Some states do not have a preliminary hearing system so they would use a grand jury system. The defendant can plea guilty, not guilty or no contest. The prosecution must establish probable cause to the judge by showing that a crime occurred and that the accused cause that…

    • 1340 Words
    • 6 Pages
    Good Essays
    Read More
  • Good Essays

    Miller vs Alabama
    • 1283 Words
    • 6 Pages

    Miller vs Alabama

    The Supreme Court reviewed the constitutionality of mandatory life sentences without parole enforced upon persons aged fourteen and younger found guilty of homicide. The court declared unconstitutional a compulsory sentence of life without parole for children. The states have been barred from routinely imposing sentences based on the crime committed. There is a requirement for individual consideration of the child life circumstance or the defendant status as a child. The court rejected the definite ban on life sentences without parole. This is because in some cases the instances may be uncommon, but jurors can find irreparably corrupted children. The Supreme Court declined to decide the subject whether there is age below which children with life sentences without parole is unconstitutional.…

    • 1283 Words
    • 6 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Legal Case Study: Juminia And Jose
    • 121 Words
    • 1 Page

    Legal Case Study: Juminia And Jose

    A) Juminia and Jose will identify two ways to manage frustration in a positive manner…

    • 121 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    Salem Witch Trials---Bill of Rights
    • 455 Words
    • 2 Pages

    Salem Witch Trials---Bill of Rights

    Another amendment that contrasts directly with The Crucible is the Eighth Amendment which states that “nor cruel and unusual punishments [be] inflicted.” 1 During the Salem Witch Trials, the accused were horribly…

    • 455 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Effects of the 8th Amendment on American Law
    • 703 Words
    • 2 Pages

    Effects of the 8th Amendment on American Law

    The Eighth Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."Ever since the Eighth Amendment was ratified by the states in 1791, it has been a key part of our Constitution. The Eighth Amendment has protected our people from many things, including an overly high bail or "unnatural" punishments. It has ensured that in civil matters, as well as criminal cases, the people of America are protected from an overly high bail and cruel and unusual punishments.…

    • 703 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Three Strikes Crime Law: Unjust and Preposterous
    • 948 Words
    • 4 Pages

    Three Strikes Crime Law: Unjust and Preposterous

    According to Taylor (2012) “The Eighth Amendment to the Constitution provides a protection against cruel and unusual punishment, but the doctrine as developed by the Supreme Court fails to adequately enforce this prohibition and therefore allows states…

    • 948 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Rights Guaranteed to Criminal Defendants
    • 272 Words
    • 2 Pages

    Rights Guaranteed to Criminal Defendants

    Criminal defendants have several constitutional clauses that protect defendants from excessively severe or uncommon punishments. Most of these restrictions can be found in the Eighth Amendment. The Eighth Amendment states that in a criminal case, “excessive bail shall not be required”, “excessive fines shall not be imposed”, and “cruel and unusual punishment shall not be inflicted”. This is important because it restricts the court from issuing a punishment that is not fitting for the crime.…

    • 272 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Supreme Court Case Study
    • 742 Words
    • 3 Pages

    Supreme Court Case Study

    That the Supreme Court exercises a policy making role has been an established fact ever since Maybury vs. Madison defined the Court’s role in judicial review of existing law. By choosing which cases to review and by establishing precedents by way interpretation of a law’s meaning and applicability the Court influences the course of action adopted not only by government but by individuals and businesses who consider the implications of the Court’s actions. In adjudicating disagreements of alternative interpretations of a law the Supreme Court establishes policies which have implications extending beyond the specific case in question and into social policy at large. In choosing which cases to review the Court calls attention to certain issues…

    • 742 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Criminals Deserve Life Sentences Essay
    • 997 Words
    • 4 Pages

    Criminals Deserve Life Sentences Essay

    In the US constitution, the 8th amendment prohibits the federal government from imposing cruel and unusual punishment. Is convicting a juvenile as an adult and to life in prison overturning the 8th amendment. This punishment is unusual because juveniles are not adults but they’re being treated as adults. In Dontae Brown’s article, “Life Sentence: Is Life Without Parole for Juveniles Cruel and Unusual Punishment?”, Brown claims that trying a juvenile as an adult is inhumane. If the death penalty for juvenile has been revoked because it went against the 8th amendment, why can't life sentences for juveniles be revoked as well? Brown reassures that juveniles brains aren't as mature as adults and that the Supreme Court should consider what is happening in the juvenile’s daily life because it may affect one’s opinion on them. The Supreme Court should take this information into consideration before deciding on something that is unconstitutional. Although convicting juveniles to life sentences is unconstitutional, maybe for some cases it's for the…

    • 997 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    The 8th Amendment, "Cruel and Unusual" Clause
    • 421 Words
    • 2 Pages

    The 8th Amendment, "Cruel and Unusual" Clause

    The "cruel and unusual" clause in the eighth amendment states that "cruel and unusual punishment" such as torture or lingering death can not be inflicted on anyone as a form of execution. It is however permissible under the 8th Amendment to execute a convict by means of hanging, shooting, electrocution, and lethal gas.…

    • 421 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    Rights Of Inmates Essay
    • 442 Words
    • 2 Pages

    Rights Of Inmates Essay

    Cruel and Unusual Punishment: Every inmate has the right to be free under the Eighth Amendment from inhumane treatment or anything that could be considered "cruel and unusual" punishment. Unfortunately, the Eighth Amendment did not clearly define what "cruel and unusual" punishment includes, meaning much of the definition has derived from case law. Generally speaking, any punishment that is considered inhumane treatment, like torture or abuse, or violation of a person's basic dignity may be considered cruel and unusual within the discretion of the court.…

    • 442 Words
    • 2 Pages
    Good Essays
    Read More
  • Better Essays

    Cruel and Unusual Punishment
    • 1041 Words
    • 5 Pages

    Cruel and Unusual Punishment

    The Eighth Amendment to the US Constitution states, Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. We know what excessive bail is and excessive fines, but what exactly cruel and unusual punishment? In the middle ages there were many forms of punishment. Some may result in death while others would permanently scar and disfigure someone for the rest of their life. Before the Americas were settled, England used many different forms of punishment, some of which were brought to the Americas. These included flogging “or whipping”, stocks, and the pillory. These acts were considered the norm. This was due greatly to the fact…

    • 1041 Words
    • 5 Pages
    Better Essays
    Read More

Related Topics