Miller Vs Alabama Case Study

The 8th amendment states, “ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Which brings me to the case of Thompson vs. Oklahoma. The debate is on whether or not capital punishment should be given to minors. On one hand, some may argue that Thompson should have been charged with capital punishment because “his acts were heinous and cruel” (Pearson Prentice Hall: n.d.). On the other hand, others such as Oklahoma argue that it is a violation of the 8th amendment under “cruel and unusual punishment.” This creates the argument of Thompson vs. Oklahoma.

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

On December 17, 1992, 15 year-old Jacob Ind went to school after having murdered his mother and stepfather in the early hours of that morning. In an interview with Frontline he recalled, “I remember I was sitting in the police station and this is how out of touch of reality I was. I had a small amount of marijuana, like an eighth of an ounce, in my bedroom. And I 'm telling my brother, 'You got to get the marijuana or else I 'm in trouble” (Profile Jacob Ind). His attorneys contended that he was acting in self-defense, claiming that the murders were the climax of years of insult by his parents. On June 17, 1994, he was convicted and handed a mandatory sentence of lifetime without parole. This is just one of many life experiences of juveniles sentenced to life without parole in the U.S. There have been many other instances where the juvenile was not the real murderer, but was however given the lifetime without parole sentence. In those instances the defendant would have been convicted of felony murder, in which the defendant could have just been an active participant in a crime during which a murder was committed and consequently, spend life in jail without parole. Felony murder came into play in the case of Devon and Jovon Knox, in July 2007, the 17-year-old twins set out to steal a car together (Sentencing Juveniles). During the car jack, one of the brothers shot and killed the car’s owner. The panel could not decide which brother pulled

Throughout an 18-hour period on October 26, 1989, the appellant Marc Creighton, a companion Frank Caddedu and the deceased Kimberley Ann Martin consumed a large quantity of alcohol and cocaine. The afternoon of the following day on October 27, the three planned to share a quantity of cocaine at Ms. Martin’s apartment. The evidence and later testimony indicates that all of the members involved are experienced cocaine users. The appellant acquired 3.5 grams (“an eight-ball”) of cocaine; he did not try to determine the quality or potency of the cocaine before injecting it into himself and Frank Caddedu.

The famous Founding Fathers of the United States created critical documents to protect the citizens of the country they were establishing. These documents included the Declaration of Independence and Bill of Rights. The latter, the Bill of Rights, ensures certain rights to all citizens, and the Eighth Amendment in particular, protects citizens against cruel or unusual punishments for breaking the law. When analyzing the protection under the Eighth Amendment one must also look at all the aspects of the law including: the history of the law, the modern uses and abuses of the law, and the law’s current effectiveness.

The United States’ attention was captivated on the Supreme Court Case of Powell vs Alabama during the 1930s. During the time period, this case revealed the brutal treatment towards African Americans more than any other event. The case began on March 25, 1931, when a group of young white and African American youths were traveling on a train to find a job. A physical encounter broke out between them and the white youths were thrown out of the train. Then they reported the incident to a stationmaster, who stopped the train. The police arrived to gather the nine African Americans and brought them to jail. Nine young African Americans were recognized as the “Scottsboro boys”. They were accused of rape of two white women on that train. The white jury convicted eight of them, all except one, the youngest at 12-years-old, and were sentenced to death. These youths were falsely charged with raping two white women in Alabama. Although there was no evidence that linked the African Americans to the white women, they were still charged with sexual assault. The two women -- fearing prosecution for their sexual relationship with the white men agreed to testify against the black youths. The Supreme Court Case of Powell vs Alabama is crucial in both Civil Rights history and in the evolution of the Constitution.

The Eighth Amendment was tested through many Supreme Court and there were some very significant ones such as the Miller v. Alabama. The no cruel or unusual aspect of the Eighth Amendment gives protection of undeserving or unreasonable punishment to a citizen that commits a crime. As Supreme Court cases regarding the Eighth Amendment open and closed the meaning of no cruel or unusual punishment changed; the sentencing of death is not considered cruel and/or unusual to a suspect that is mentally insane this aspect of the Eighth Amendment is important to the wrongfully accused people that are sentenced something for a crime that they did not commit. A significant

False, The Supreme Court has held that the Excessive Bail Clause of the Eight Amendment applies to state as well as to federal criminal prosecutions.

Kuntrell Jackson was also 14-years old in November 1999 when he and two other youths attempted to rob a video store and in the process shot and killed Laurie Troup (De Vogue, 2012). Jackson did not do the shooting but was an accomplice to the act; therefore, he received a sentence of life without parole (2012). As for mens reus and actus reus in Jackson’s case, Arkansas court conceded Jackson did not commit the homicidal act nor did he intend for the death of the store clerk occur; however, the State argued Jackson’s culpability rested with his reckless indifference to the value of human life (Supreme Court Rejects Mandatory Life Sentences Without Possibility of Parole for Juveniles, 2012). Lippman (2010) explains the requirement for actus reus of accomplice liability is satisfied by even a relatively small amount of material or psychological assistance to the perpetrator of the crime. Furthermore, the mens rea requirement for accomplice liability only requires intent to assist in the commission

The 8th Amendment to the United States Constitution protects the people from a government who may try to restrict or null your right to fair bail. The right restricts the judicial branch from performing any unfair procedures that can be directed towards a defendant, which is due process. Which is to state that the right to fair bail falls under due process because it is selectively incorporated in order to protect one’s unalienable rights of life, liberty, and property. The right guarantees that the defendant who is paying bail is given a fair/reasonable bail price.

According to legal petitions, in Miller v. Alabama (2012), a 14-year old young man by the name of Evan Miller entered the home of his neighbor, Cole Cannon. He is to have allegedly beat and robbed his neighbor. He exited the premises of Cannon’s home. Later in the same evening, Mr. Miller returned to his neighbor’s home, with a friend, Colby Smith searching for drugs within the trailer. They stole a stack of baseball cards and returned to Miller’s home. Miller and Smith, again returned to Cannon’s home where they reportedly found him unconscious. While there, Miller took $300 out of Cannon’s wallet. Miller was in the process of placing Cannon’s wallet back in his pocket when Cannon awoke and began attacking Miller. At that time, Smith struck Cannon with a bat. At some point during the struggle, Miller took possession of the bat, repeatedly striking Cannon in the head. The pair left the home after they covered Cannon in a sheet. According to the coroner’s exam, Cannon was still alive at this time. Miller and Smith returned again to the trailer and set it on fire in an apparent attempt to cover up their crime (Miller v. Alabama, 2012). The interviewing detective, Tim Sandlin read Miller his Miranda rights. Miller denied any event took place, initially, but subsequently agreed that he had stolen money and driver’s license after a fight with Cannon but had not set the fire. According to the autopsy report, Cannon died from smoke inhalation. However, there were “significant

McCulloch vs. Maryland (1819), the constitutional questions asked were: Did congress have the right to establish a bank? Did the Maryland law unconstitutionally with the congressional powers? In 1816, congress chartered The Second National Bank of the United States. In 1818, Maryland passed legislation to tax the bank and cashier of the Baltimore branch bank James MucCulloch refused to pay the tax. This court case took place in the Marshall court, under federalist, Chief Justice John Marshall who ruled this case in favor of MucCulloch. The court’s decision was unanimous in favor of MucCulloch and, the courts held that Congress had the power to establish a bank but Maryland could not tax the bank and that the power to tax is the power to destroy.

The tenth amendment was involved in this Supreme Court Case. The amendment protects the power and rights of states.

1. How, if at all, can you distinguish Greber from other instances of payment for professional services? Suppose the percentage Dr. Greber paid to the physicians had not exceeded Medicare’s guideline? Would that payment still amount to prohibited remuneration in this court’s eyes?

In Miller v. Alabama (2012), the United States Supreme Court determined that mandatory life sentences without the possibility of parole is unconstitutional to juvenile offenders. This decision is agreeable upon because adolescents do not receive the opportunity to reform themselves. As the Court suggests, life in prison violates the Eighth Amendment, which accounts for a ban on cruel and unusual punishment. However, juveniles still must be held accountable for their actions and should be sentenced to a fair verdict according to their crime, whether they are an adult or not.