LE 115 Lecture Notes - Lecture 4: Drug Paraphernalia, Statutory Rape, Actus Reus
3 May 2017
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The term (cid:498)cruel punishment(cid:499) must be properly defined. Can depend on the defendant"s age (ex: a 16-yr old sentenced to 80 yrs in jail can be considered cruel) Death penalty: abolished by most of the states. However, it is not really considered cruel and unusual punishment bc it existed in england (where we got most of our law) and in colonial times and was adopted by the u. s. Punishment also depends on background/history of the criminal. Juvenile murderers: age of defendant is taken into account three-strikes law: if you have 2 prior felonies and you are charged with a 3rd crime, you can be sentenced to life in jail. Exist on robberies, murders, home invasion, some drug sales. Can be viewed as a check/balance on the judge. Others think it gives the prosecutor too much power mandatory minimum sentences: set minimum sentences for particular crimes that cannot be changed by a judge.
