The Eighth Amendment to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the United States Bill of Rights. The amendment serves as a limitation upon the state or federal government to impose unduly harsh penalties on criminal defendants before and after a conviction. This limitation applies equally to the price for obtaining pretrial release and the punishment for crime after conviction. The phrases in this amendment originated in the English Bill of Rights of 1689.
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.
Felony petty theft is the colloquial term for a statute in the California Penal Code that makes it possible for a person who commits the crime of petty theft to be charged with a felony rather than a misdemeanor if the accused had previously been convicted of a theft-related crime at any time in the past. The technical name for the charge is petty theft with a prior.
In the United States, habitual offender laws have been implemented since at least 1952, and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person who is convicted of an offense and who has one or two other previous serious convictions to serve a mandatory life sentence in prison, with or without parole depending on the jurisdiction. The purpose of the laws is to drastically increase the punishment of those who continue to commit offenses after being convicted of one or two serious crimes.
Mandatory sentencing requires that offenders serve a predefined term of imprisonment for certain crimes, commonly serious or violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.
Robinson v. California, 370 U.S. 660 (1962), is the first landmark decision of the United States Supreme Court in which the Eighth Amendment of the Constitution was interpreted to prohibit criminalization of particular acts or conduct, as contrasted with prohibiting the use of a particular form of punishment for a crime. In Robinson, the Court struck down a California law that criminalized being addicted to narcotics.
A habitual offender, repeat offender, or career criminal is a person convicted of a crime who was previously convicted of other crimes. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced or exemplary punishments or other sanctions. They are designed to counter criminal recidivism by physical incapacitation via imprisonment.
Coker v. Georgia, 433 U.S. 584 (1977), held that the death penalty for rape of an adult woman was grossly disproportionate and excessive punishment, and therefore unconstitutional under the Eighth Amendment to the U.S. Constitution. A few states continued to have child rape statutes that authorized the death penalty. In Kennedy v. Louisiana (2008), the court expanded Coker, ruling that the death penalty is unconstitutional in all cases that do not involve intentional homicide or crimes against the State.
Ewing v. California, 538 U.S. 11 (2003), is one of two cases upholding a sentence imposed under California's three strikes law against a challenge that it constituted cruel and unusual punishment in violation of the Eighth Amendment. As in its prior decision in Harmelin v. Michigan, the United States Supreme Court could not agree on the precise reasoning to uphold the sentence. But, with the decision in Ewing and the companion case Lockyer v. Andrade, the Court effectively foreclosed criminal defendants from arguing that their non-capital sentences were disproportional to the crime they had committed.
Lockyer v. Andrade, 538 U.S. 63 (2003), decided the same day as Ewing v. California, held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed under California's three strikes law as a violation of the Eighth Amendment's prohibition of cruel and unusual punishments. Relying on the reasoning of Ewing and Harmelin v. Michigan, the Court ruled that because no "clearly established" law held that a three-strikes sentence was cruel and unusual punishment, the 50-years-to-life sentence imposed in this case was not cruel and unusual punishment.
In the United States, life imprisonment is the most severe punishment provided by law in states with no valid capital punishment statute, and second-most in those with a valid statute. According to a 2013 study, 1 of every 2 000 inhabitants of the U.S. were imprisoned for life as of 2012.
Graham v. Florida, 560 U.S. 48 (2010), was a decision by the Supreme Court of the United States holding that juvenile offenders cannot be sentenced to life imprisonment without parole for non-homicide offenses.
The Florida Statute 775.087, known as the 10-20-Life law, is a mandatory minimum sentencing law in the U.S. state of Florida. The law concerns the use of a firearm during the commission of a forcible felony. The Florida Statute's name comes from a set of three basic minimum sentences it provides for. A public service announcement campaign accompanied the law after its passage under the slogan "Use a gun, and you're done."
Expungement in the United States is a process which varies across jurisdictions. Many states allow for criminal records to be sealed or expunged, although laws vary by state. Some states do not permit expungement, or allow expungement under very limited circumstances. In general, once sealed or expunged, all records of an arrest and of any subsequent court proceedings are removed from the public record, and the individual may legally deny or fail to acknowledge ever having been arrested for or charged with any crime which has been expunged.
Proposition 36, also titled A Change in the "Three Strikes Law" Initiative, was a California ballot measure that was passed in November 2012 to modify California's Three Strikes Law. The latter law punishes habitual offenders by establishing sentence escalation for crimes that were classified as "strikes", and requires a mandatory minimum sentence of 25 to life for a "third-strike offense."
United States v. Haymond, 588 U.S. ___ (2019), is a case in which the U.S. Supreme Court struck down the five-year mandatory minimum prison sentence for certain sex offenses committed by federal supervised releases under 18 U.S.C. § 3583(k) as unconstitutional unless the charges are proven to a jury beyond a reasonable doubt. Justices Ginsburg, Sotomayor, and Kagan joined Gorsuch's plurality opinion, while Breyer provided the necessary fifth vote with his narrow concurrence that began by saying he agreed with much of Justice Alito's dissent, which was joined by Justices Roberts, Thomas, and Kavanaugh.
Stokeling v. United States, 586 U.S. ___ (2019), was a United States Supreme Court case in which the court held that state robbery offenses that involve overcoming victim resistance count as "violent felonies" under the definition of that term under the Armed Career Criminal Act of 1984, even when only 'slight force' is required. Under the Armed Career Criminal Act, defendants with three or more violent felonies can face higher sentences when subsequently convicted of a federal firearms-related offense. This case upheld a ruling by the 11th Circuit.
Shular v. United States, 589 U.S. ___ (2020), is an opinion of the United States Supreme Court in which the Court held that, under the Armed Career Criminal Act of 1984, the definition of “serious drug offense” only requires that the state offense involve the conduct specified in the statute. Unlike other provisions of the ACCA, it does not require that state courts develop “generic” version of a crime, which describe the elements of the offense as they are commonly understood, and then compare the crime being charged to that generic version to determine whether the crime qualifies under the ACCA for purposes of penalty enhancement. The decision states that offenses defined under the ACCA are "unlikely names for generic offenses," and are therefore unambiguous. This renders the rule of lenity inapplicable.
Jones v. Mississippi, 593 U.S. ___ (2021), was a United States Supreme Court case regarding the imposition of life sentences for juveniles. The Supreme Court had previously ruled in Miller v. Alabama in 2012 that mandatory life sentences without parole for juvenile offenders was considered cruel and unusual punishment outside of extreme cases of permanent incorrigibility, and made this decision retroactive in Montgomery v. Louisiana in 2016. In Jones, a juvenile offender who was 15 at the time of his offense, challenged his life sentence following Montgomery but was denied by the state. In a 6–3 decision with all six conservative justices upholding the life sentence without parole for Jones, the Court ruled that the states have discretionary ability to hold juvenile offenders to life sentences without parole without having to make a separate assessment of their incorrigibility.
R v Bissonnette, 2022 SCC 23 is a landmark decision of the Supreme Court of Canada which held that life sentences without a realistic possibility of parole constituted cruel and unusual punishment. The Court unanimously struck down section 745.51 of the Criminal Code, which gave sentencing judges the discretion to stack periods of parole ineligibility for multiple murders, for violating Section 12 of the Canadian Charter of Rights and Freedoms.
