Posts tagged oper v. Simmons
Revising the Approach of Mandatory Minimums

The Eighth Amendment states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This promise of protection against unjust punishment remains relevant and is subject to reinterpretation, especially in light of the drastic changes to the American penal system since the nation’s founding. Although directly contradictory case precedent exists that demands sentencing practices consider the character and actions of individual offenders, mandatory minimum sentencing remains permissible and frequently practiced.

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