The Case Profile of weeks v. United States. Moreover, the provision of legislations and constitution should be interpreted progressively in light of enlightening the administration of justice and attaining human justice. [Periodical] Retrieved from the Library of Congress, https://www.loc.gov/item/usrep217349/. ( Log Out /  Weems had been posted in Philippines as an officer of the Bureau of the Coast Guard. Mckenna, Joseph, and Supreme Court Of The United States. The court reasoned in line with the proportionality principle that has been enshrined in the Eighth Amendment. Then in 1910, the Court broadened its criteria in Weems v. United States , which wasn’t a capital punishment case but still dealt with cruel and unusual punishment. (1909) U.S. Reports: Weems v. United States, 217 U.S. 349. He was sent there by the United States government because he had met the qualifications to be appointed as such. McKenna, J. Citing Primary Sources. [Argument of Counsel from pages 354-357 intentionally omitted]. Mckenna, Joseph, and Supreme Court Of The United States. The law, therefore, must be able to be applied in a much wider application by the judiciary more than the mischief that the legislature intended to cure. Mr. A. S. Worthington for plaintiff in error. "Neder v. United States." Mr. Justice McKenna delivered the opinion of the court: This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. The sentence should be proportionate to the crime committed otherwise the court will be meting out an injustice at the table of where justice is served. Weems v. United States - 8th Amendment Court Cases. This page was last edited on 24 June 2011, at 17:23. a convenience, and may not be complete or accurate. Oyez, www.oyez.org/cases/1998/97-1985. [Footnote 19] This aspect . He appealed on the grounds of unusual punishment and cruelty against his person. U.S. Reports: Brantley v. Georgia, 217 U.S. 284 (1910). ; sister projects: Wikipedia article, Wikidata item. Weems v. United States, 1910, marked the first time the United States Supreme Court reversed a lower court's decision that a punishment was indeed "cruel and unusual." The Supreme Court held that the sentence handed to the accused was indeed cruel and an unusual punishment. Change ), Kelo v. City of New London, 545 U.S. 469 (2005), Weems v United States, 217 U.S. 349 (1910), Bruton v. United States – 391 U.S. 123 (1968), Dred Scott v. Sandford, 60 U.S. 393, 358 U.S. 307 (1959). The United States Supreme Court in Schmerber v. California, 384 U.S. 757, 86 S.Ct. Moreover, the court also sought to have a clear definition of what entails cruel and unusual punishment. Moreover the 8th amendment should be upheld. U.S. Reports: Ewing v. California, 538 U.S. 11 (2003). ( Log Out /  Weems had been posted in Philippines as an officer of the Bureau of the Coast Guard. The punishment meted towards an individual must be proportionate to the crime that the accused has been found guilty for. U.S. Reports: O'Neil v. Vermont, 144 U.S. 323 (1892). Therefore, the language used in the statute should not be used to undermine the progressive nature that laws have acquired after many years of consistent reforms and deliberations. He was also in chains most of the time. --- Decided: May 2, 1910, [Syllabus from pages 349-351 intentionally omitted]. Retrieved from the Library of Congress, . He was sentenced according to the Philippine penal code to 15 years on prison life with hard labor. related portals: Supreme Court of the United States. 1909. Were the government agencies to be deterred from carrying out this punishment as handed down by the court? The court was also to determine whether the sentenced handed to the accused was cruel punishment for the offence committed? Change ), You are commenting using your Google account. This was also replicated in the case of McDonald v. Commonwealth. As the Court said in Weems v. United States, 'Legislation, both statutory and constitutional, is enacted, * * * from an experience of evils, * * * its general language should not, therefore, be necessarily … Cf. Weems v United States, 217 U.S. 349 (1910) Facts. U.S. Reports: Weems v. United States, 217 U.S. 349. Contributor Names McKenna, Joseph (Judge) Supreme Court of the United States (Author) Change ), You are commenting using your Facebook account. The question before the court was what constituted unusual and cruel punishment? 105). U.S. Reports: Pendleton v. United States, 216 U.S. 305 (1909). ( Log Out /  & Supreme Court Of The United States. United States, 163 U.S. 632, 658; Clyatt v. United States, 197 U.S. 207, 221, and Crawford v. United States, 212 U.S. 183. Supreme Court of the United States - McKenna, Joseph, Day, William Rufus - Supreme Court of the United States, Supreme Court of the United States - O'Connor, Sandra Day, Supreme Court of the United States - Blatchford, Samuel, National Transportation Safety Board (N.T.S.). Wilkerson v. Utah, 99 U.S. 130 (1879), is a United States Supreme Court case in which the Court affirmed the judgment of the Supreme Court of the Territory of Utah in stating that execution by firing squad, as prescribed by the Utah territorial statute, was not cruel and unusual punishment under the Eighth Amendment to the United States Constitution. Citations are generated automatically from bibliographic data as More about Copyright and other Restrictions. Katz v. United States, 389 U.S. 347, 88 S.C. 507, 19 L.Ed.2d 576 (1967). Other scholars have also argued that long-term imprisonment also constitutes a form of cruel and unusual punishment and which does not serve justice to the society and to the victims too. U.S. Reports: Freeman v. United States, 217 U.S. 539 (1910). The following is a case profile of the legal trial eponymously titled ‘weeks v. United States’: Date of the Trial: Weeks v. United States was argued on December 2nd and 3rd of 1913 Periodical. Page 492 U. S. 274. of our Eighth Amendment jurisprudence might have some force here were punitive damages a strictly modern creation, without solid grounding in pre-Revolutionary days.

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