The Eighth Is Great: The Case Of Titus Oates In England

Kyra Rubin Professor Jennifer Larson English 105i 5 October 2015 Unit 2, Feeder 1 In the 2013 case of Miller v. Alabama, the Supreme Court held that a mandatory minimum sentence of life-without-parole is an unconstitutionally disproportionate punishment for a juvenile. Under the Eighth Amendment protections from cruel and unusual punishment, the Court held that mitigating factors must be considered in determining sentencing for juveniles. The issue in Montgomery v. Louisiana is concerned with whether or not this rule can be applied retroactively; doing so would potentially provide relief for the inmates who are currently serving time after being sentenced to live-without-parole as juveniles, and who didn’t have such mitigating factors considered. Issue: Does the U.S. Supreme Court’s decision in Miller v. Alabama, which held that the Eighth Amendment prohibits mandatory sentencing schemes that require children convicted of homicide to be sentenced to life in prison without parole, apply retroactively?

Sullivan has tried several times to appeal his conviction, due to the argument that life without parole is unconstitutional. In May of 2009 the U.S Supreme Court will hear his case. During the United States Supreme Court session Sullivan argued that his sentenced was breaking the Constitution of the Eight Amendment of cruel and unusual punishment (Sullivan v. Florida, 2008). Sullivan referred to the Roper v. Simmons (2005) case thought his trial, by saying that life without parole is very similar to the death sentence and even then those offenders at least are offered parole (Sullivan v. Florida, 2008). In a desperate plea to show the difference between juvenile serving life without parole and juvenile death sentenced, Sullivan justified that juveniles who are sentenced to life in prison without parole “constitutional vice involved in punishing children with death was the impropriety of passing a final, condemnatory judgment on a still unformed human being”

After the adoption of the Bill of Rights, states started to describe variable "degrees" of homicide. During this time states also nullified public executions; Pennsylvania was the first state to start using private executions in 1834." ' After Eleven years, all state in New England had nullified public executions. Also during this time, it was that courts granted discretion in passing judgment to the jury, even though the roots of this development are indistinct.

On November 21, 1973, Troy Leon Gregg and his companion robbed and murdered Fred Edward Simmons and Bob Durwood Moore, two innocent people who were giving them rides. Gregg was convicted for his actions and was given the death penalty. He argued that the sentence was violating his eighth amendment which is “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (U.S. Const. amend. VIII.)

It is almost identical to a provision in the English Bill of Rights of 1689, in which Parliament declared, "as their ancestors in like cases have usually done...that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. " This criminal punishment exception to the 13th Amendment is all the more brazen when one considers the inhumanity of lengthy prison sentences today – often handed out in assembly-line fashion, and dispensed more often to

The Eighth Amendment prohibits inflicting cruel and unusual punishment on citizens. The judicial branch must ensure that the rights and privileges granted to American people by the Constitution are provided equally regardless of their race, sex, or sexual identification (Edmondson, 2017). John Doe after serving two years of a five-year sentence for manufacturing methamphetamines, escapes from prison by hiding in the back of a milk truck. When the milk truck makes its first stop, inmate Doe climbs out of the milk truck and walks away without anyone’s assistance. Inmate Doe manages to find a new set of clothes, catches a ride with a stranger, and shows up at a friend’s home.

It all began with a guy named Titus Oates who claimed that the Catholics were plotting to kill King Charles II. This lead to the death of a multitude of Catholics. Later they figured out that he was lying the whole time in in order to try to get his father to have the thrown (8th Amendment). Oates was then convicted of perjury and sentenced to a life of imprisonment. Only three days out of each year was he allowed out of his cell, two days to be placed in the stocks and one day to be whipped (8th Amendment).

In the late 1700’s, James Madison wrote the first Ten Amendments that are listed in the United States Constitution. The Bill of Rights were written to ensure American citizens that they have freedoms and rights that the government can 't infringe. Out of the Ten Amendments, I believe that the First and Eighth Amendment are the most significant. The First Amendment grants us freedom of speech, religion, press, petition, and for people to assemble peaceably.

An amendment, and justice is ultimately what keeps the citizenry of the society safe each and every day, if anything. Although we are aware that ever state in America has not ratified the 8th amendment and that’s something that needs to change because if you think about it although the death penalty is a cheap option and easier way to get rid of criminals who could commit more crimes. You must take into the fact that no life should be taken, and that all lives matter even if serious crimes have been committed by that person. If the state has not ratified the amendment and refuses to then they should have certain policies, restrictions, etc. and be sure to follow

Crimes are happening around us whether we pay attention to them or not. Those crimes as dangerous as murder are committed by all ages but should younger criminal in their juvenile age received the same punishment as older criminals. On June 25, 2012, the Supreme Court ruled that juveniles committed murder could not be sentenced to life in prison because it violates the Eighth Amendment.(On-Demand Writing Assignment Juvenile Justice) Advocates on the concurring side believes that mandatory life in prison is wrong and should be abolish. However, the dissenting side believe that keeping the there should be a life in prison punishment for juvenile who commit heinous crime regardless of their age.

The Bill of Rights is the most influential historical document because it is the basis of our human rights. The Bill of Rights was created after the Declaration of Independence was signed in 1776. The Founding Fathers realized that a set of “rights” should be written and approved in order to avoid arguments between citizen and citizen or citizen and government. James Madison took most of the lead when creating this document. He wrote out a list of all the rights that a United States citizen should have.

It’s Not working out. By:Taija Jones. The 8th amendment says “Excessive bail shall not be required, Nor excessive fines imposed, Nor cruel and unusual punishments inflicted” . With that being said if the 8th amendment applies for cruel punishments of death penalties then why is it still happening.

George Orwell is a world renowned author who wrote several books and many texts that are continually relevant to today’s society. He paints a vivid picture in several of his essays about the world during war and capital punishment that remains relevant to society today. While most of this may seem irrelevant to our society and current events in this day and age many of the essays he has written are. One can see this clearly in the similarities between our world today and Orwell’s essays “A Hanging” and “Wells, Hitler and the World State.” Capital punishment was a common form of punishment in history, and dates back to the 16th century BC where it’s first recorded account took place in Egypt where a member of nobility was accused of performing

Crime and Punishment in the Elizabethan Era In the Elizabethan Era there was a lot of punishments for the crimes that people did. There were some punishments that people can live through, and there were some punishments that could lead people to death. During this time people just could not kill somebody and just go to prison, you will go down in painful and sometimes slow death.

6th Amendment I personally find that out of all the amendments the most important one is the 6th amendment. Reason being that it is crucial in aiding the judicial process from wrongly persecuting innocent people and it allows our democratic process to continue without preventing innocent people for taking the fall while punishing those who harm it. It keeps justice in check, keeping laws in line and rulings to be fair. The 6th amendment helps the defendants have an attorney when they are unable to afford one.