Sentencing is defined in criminal law as a punishment ordered by the court for a person convicted of criminal activity. Sentences usually consist of fines, corporal punishment, imprisonment including life, capital punishment, and/ or a combination of each. The Eighth Amendment of the United States Constitution states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."5 This bill can cause controversy in sentencing a convicted murderer to capital punishment when emphasizing the words, "cruel and unusual punishment." In the case of Warden v. Sanders3, eligibility of capital punishment was the focus that further defined criminal rights regarding cruel and unusual punishments. Sanders was convicted of first degree murder and the jury found four "special circumstances,' that made him eligible of capital punishment under California Penal Code 190.2. In the penalty phase the jury considered a list of sentencing factors as......
Join Now or Login to view the rest of this paper.
Approximate Word Count: 830
Approximate Pages: 4 (260 words per double-spaced page) |