Supreme Court Case
July 15th, 2013
Supreme Court Case
Have you ever wondered if there is such a thing as to serious a judgment on a criminal case? In this paper I am bringing to light the case of The People VS. Rodrigo Caballero. In this case Caballero shot at a rival gang, in which he injured one individual. While being charged with three counts of willful, deliberate and premeditated attempted murder he was given a sentence of 110 years to life. While his crime is a serious offense, was the sentence given just? What Makes This Case Interesting
This case is interesting because a juvenile was sentenced to 110 years to life without parole which violates the Eight Amendment. The Eight Amendment prohibits states from sentencing a juvenile convicted of non-homicide offenses to life imprisonment without the possibility of parole. The Supreme Court reversed this decision and remanded it to the lower courts because it violated the defendant’s Eight Amendment right. Could the ruling be in effect of bias towards gangs? Sources, Purposes, and Jurisdictions
The sources of criminal law that relate to this case would be Constitutions, statutes and ordinances, and appellate court decisions. Article VI of the U.S. Constitution asserts that “This Constitution … shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” Statutes and ordinances are laws passed by Congress and by state legislatures that make up most of criminal law. Each state has a statutory criminal code as does the federal government. Appellate court decisions are legal opinions having the status of law as stated by the appellate courts become case law. Such law results from appellate court interpretations of statutory law or from court decisions where rules have not yet been codified in statutes. The purposes of criminal law that relates to...
References: CliffsNotes. (n.d.). Sources of Criminal Law. Retrieved from http://www.cliffsnotes.com/more-subjects/criminal-justice/criminal-law/sources-of-criminal-law
wiseGeek. (2003-2013). What is Criminal Liability. Retrieved from http://www.wisegeek.com/what-is-criminal-liability.htm
EBOOK COLLECTION: Schmalleger, F., Hall, D. E., & Dolatowski, J.J. (2010). Criminal law today: An introduction with capstone cases. (4th ed.) Upper Saddle River, NJ: Prentice Hall.
The People v. Rodrigo Caballero, 55 Cal.4th 262,282 P.3d 291, 145 Cal.Rptr.3d 286 (2012)
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