Supreme Court Cases Four Different Term Paper

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O'Brien and Burgess were armed during an attempted robbery. Count three of their condemnation charged them with using a weapon so as to commit a robbery with violence offence, which carries at least compulsory five-year jail term. The count four states using a machinegun to commit crime carries a thirty year compulsory minimum term. The government thenceforth challenged and disapproved the fourth count on the arguing that it could not set up the count beyond a realistic doubt. However it lamented that machinegun provision was a sentencing augmentation to be decided by the District Court upon a sentencing on count three. Subsequently, the court disapproaved count four. Further, it discarded the government's sentencing-augmentation position. O'Brien conceded that he had committed the crime and was sentenced to a one hundred and two-month jail term. Burgess too conceded and was sentenced to an eighty four-month jail term. Basically, the 1998 adjustment split what was once a long major sentence into distinct subparagraphs. Therefore, the Court's noted that Congress inserted the words 'uses or carries a firearm' and the word 'machinegun' in a single sentence. The sentence was not separated into subsections and thus it does not hold true.

The fourth case entails Graham and the Florida state.

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Graham was only sixteen when he committed a robbery with violence crime while armed. The Florida trial court sentenced Graham to probation and suspended arbitration of offence. Consequently, the trial court discovered that Graham had abused the terms of his probation by committing a supplementary offence. The court arbitrated Graham guilty of the previous charges. It went ahead and cancelled his probation. Additionally, it convicted him to life in jail for the robbery. Since Florida has eliminated its parole system, Graham had no other option but to challenge his sentence under the eighth amendment's cruel and unusual punishments clause. The Court's cases executing the proportionality standard fall inside two broad categories. The insufficiency of penological assumption to validate life without parole sentences for young non-suicidal offenders. Secondly, the harshness of all the sentences imposed on Graham. Thus the Court made a ruling and affirmed that the sentencing practice is nasty and strange (Cornell University Law School, Legal Information Institute).

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Cornell University Law School, Legal Information Institute. Supreme Court.….....

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