Is a life without the possibility of parole a breach of the Eighth Amendment

 



Is a life without the possibility of parole a breach of the Eighth Amendment?

The Eighth Amendment says, “No one shall be subjected to cruel and unusual punishment.”

So, what is defined as cruel and unusual punishment?

People have their own definition and that could vary depending on one’s emotional state and position.

For example, if you have a loved one who was brutally murdered by someone then no punishment would be excessive. It would be fair to say that the victim’s family may say lock them up and throw away the key.

My own personal view of cruel and unusual punishment for life without parole sentences is when it is out of proportion to the actions and intent of the individual.

The case of Jennifer Ann Mee from Florida is a perfect example. Jennifer is serving a life without parole sentence for first degree murder. Her role in the death of a young man was unintentional. There was no intent to kill whatsoever on her part, but because Jennifer was a participant in a crime which led to another person's death she was as equally guilty as the individual who pulled the trigger. This is how felony law works in Florida and other states of America.

The definition of a death caused unintentionally was manslaughter when I was at school. Lawmakers have used felony law to change the definition of murder.

The second point is, "Who is responsible for any outcome arising from the discharge of a firearm?"

The sensible answer is, the person in possession of it. The Felony law makes others as equally guilty as the one in possession of it and that is wrong.

Imagine if the passengers of a vehicle were as equally guilty of a traffic violation as the driver. Wouldn’t that cause some outrage

Did Jennifer ever own a firearm or was she in possession of one at the scene of the crime which she was convicted of?

To the best of my knowledge, she was not. The truth is that I do not know and I have been unable to find the answer to this question.

Whether she was in possession of one or not is irrelevant because the constitution gives Americans the right the bear arms.

The real question is whether Jennifer’s rights under the Eighth Amendment have been taken away from her.

What constitutes cruel and unusual punishment can be open to interpretation, but I believe that the sentence of life without the possibility of parole is a breach of the Eighth Amendment when one takes into account the circumstances of this case.

That being said; one just has to ask, “What is within the spirit of the Felony law?”

I’m sure, that sending people to prison for life for a murder they did not commit is not within the spirit of the felony law. It really should be the role of the judge to treat each case on its own merits; that way there will be more fairer sentences handed out.

www.freejennifer.blogspot.com

www.floridalawchance.blogspot.com

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