How to Complain About a Breach of the Eighth Amendment in Cases of Severe Punishment



The Eighth Amendment of the U.S. Constitution prohibits cruel and unusual punishment. When individuals

believe their punishment violates this protection, especially in cases where they receive extremely harsh

sentences, such as life without parole for first-degree murder under felony murder laws, they may have

grounds to argue a constitutional breach. Jennifer Mee’s case from Florida provides an instructive example

of how someone might raise such a complaint. Here, we’ll outline the process and principles behind

complaining about an Eighth Amendment breach, focusing on challenging severe punishments.

Understanding the Eighth Amendment and the Felony Murder Rule

The Eighth Amendment, part of the Bill of Rights, safeguards individuals against punishments that are

disproportionately harsh in relation to the crime committed. The Supreme Court has interpreted “cruel and

unusual punishment” as a punishment that is excessive given the nature of the offense and the circumstances

surrounding it.

Under the felony murder rule, an individual can be charged with first-degree murder if someone dies during

the commission of a felony, regardless of their intent to kill. Jennifer Mee’s case exemplifies the potential for

harsh sentences under this rule. Mee, who was known as the “hiccup girl” due to a medical condition that

caused her to hiccup uncontrollably, was convicted of first-degree murder in Florida because someone was

killed during a robbery in which she participated. Though she did not commit the actual murder, the felony

murder rule held her equally responsible.

Grounds for Complaining About an Eighth Amendment Breach

  1. Severity and Proportionality of Punishment: Mee’s sentence of life without parole

  2. raises questions about proportionality. While her actions indirectly led to a death, she was

  3. not the one who carried out the killing. Arguing that her sentence is excessive due to lack

  4. of intent to kill can serve as grounds for an Eighth Amendment complaint.

  5. Youth or Mental Health Considerations: If the individual facing a severe sentence was

  6. very young or had mental health issues, this can support an Eighth Amendment claim.

  7. Although Mee was an adult, the argument of disproportionate sentencing can still be

  8. relevant due to her indirect role in the crime.

  9. Emerging National Consensus: Another approach is to argue that sentencing trends in

  10. the country demonstrate a shift toward more lenient or rehabilitative approaches. Over

  11. time, courts have considered such “evolving standards of decency” in deciding Eighth

  12. Amendment cases. Some states have reformed or abolished life without parole sentences

  13. for juveniles or have softened the application of the felony murder rule, indicating growing

  14. skepticism of overly severe sentences.

Steps to Raise a Complaint

  1. File a Direct Appeal: In Mee’s case, a lawyer would have likely filed a direct appeal after

  2. the initial conviction, challenging the verdict and sentence based on constitutional grounds, including a possible Eighth Amendment violation. For those convicted under similar conditions, this is the first step. Arguments might include the disproportionate nature of the sentence compared to the individual’s role in the crime.

  3. Pursue Post-Conviction Relief: If the direct appeal fails, the next step involves filing a

  4. petition for post-conviction relief, such as a habeas corpus petition. This allows the

  5. convicted person to argue for a reevaluation of their sentence, asserting that it violates

  6. constitutional protections. Mee’s attorneys could potentially argue that a life sentence

  7. without parole is disproportionate and constitutes cruel and unusual punishment, given

  8. her passive role in the felony.

  9. Use Relevant Precedents: In challenging severe sentences under the felony murder rule,

  10. it’s essential to cite Supreme Court precedents that might support the case. For instance,

  11. in Graham v. Florida (2010), the Court ruled that life without parole for non-homicide crimes committed by juveniles is unconstitutional. Although Mee was not a juvenile, this case could help establish an argument about the need for proportionality, especially if the individual’s direct culpability is minimal.

  12. Present Evidence of Reform Movements: Highlighting the national trend toward reform

  13. in felony murder laws could strengthen the argument. Many states have reconsidered the

  14. application of life without parole for accomplices, recognizing the excessive nature of

  15. such punishments in cases lacking direct involvement. Showing that national standards

  16. are evolving could bolster claims that Mee’s sentence is out of step with contemporary

  17. views on justice.

  18. File an Amicus Brief: Advocacy groups or organizations against excessive punishment

  19. may support cases like Mee’s by filing an amicus brief (a “friend of the court” brief) that

  20. argues for reconsideration of the life without parole sentence based on the Eighth Amendment.

  21. These briefs can provide additional perspectives on why such sentences may be seen as cruel

  22. and unusual.

Final Thoughts

Arguing against a harsh sentence like life without parole under the Eighth Amendment is challenging but

possible. Mee’s case highlights how severe punishment under the felony murder rule can disproportionately

affect individuals with indirect roles in the crime. Complaints about such sentences need to focus on

proportionality, legal precedents, and shifting standards in sentencing. By challenging the basis and

proportionality of severe punishments, individuals can make a strong case for Eighth Amendment breaches

in situations similar to Mee’s.

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