Sentencing Protections

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All Articles on Sentencing Protections

Life in Prison for a Teenager? The Supreme Court vs. The Eighth Amendment

American courts face a fundamental question: Can a society sentence a teenager to die in prison while upholding the Constitution's…

Death Penalty Constitutional Battles: Eighth Amendment Limits on Capital Punishment

The Eighth Amendment contains one of the most debated phrases in American law: nor cruel and unusual punishments inflicted. This…

What Does ‘Cruel and Unusual’ Mean? It’s Not What You Think.

The final clause of the Eighth Amendment to the U.S. Constitution is stark in its simplicity: "...nor cruel and unusual…

A $10,000 Speeding Ticket? How the Eighth Amendment Protects Your Wallet

Imagine receiving a speeding ticket. You expect a fine, perhaps a few hundred dollars. But what if the bill was…

Understanding Sentencing Guidelines vs. Individualized Sentencing: A Guide to Federal Practice

When a federal judge sits down to sentence someone convicted of a crime, they face one of the most complex…

Getting Out of Jail: Your Guide to Bail and Personal Recognizance

The moments after arrest can feel overwhelming and uncertain. But knowing your rights and options can help you navigate what…

Cruel and Unusual Punishment vs Excessive Fines and Bail: Your Eighth Amendment Shield

The Eighth Amendment packs extraordinary power into just sixteen words: "Excessive bail shall not be required, nor excessive fines imposed,…

Probation vs. Parole: What’s the Difference?

Probation and parole are critical components of the U.S. criminal justice system. Both allow people convicted of crimes to live…