Can this limit the government ?

The eighth amendment puts limits on the government. For example when someone goes to court for a very serious thing then the government can't make your bail and/or fine to much. The government also can't punish you in a cruel or unusual way. So the eighth amendment can limit the government in many ways.

Son murders parents then celebrates it ?

The title of this post is the headline of the press report on the constitutional sentencing limits on the punishment that can be received by an already notorious teenage murder suspect.  Here are the details of what is the latest high-profile Florida crime (largely because of how the defendant apparently "celebrated" killing his parents):

Tyler Hadley

Because of his age, 17-year-old Tyler Hadley will not face the death penalty if he’s convicted in the brutal slaying of his parents, officials with the State Attorney’s Office confirmed Tuesday.  If he's eventually convicted ... Hadley could be ordered to serve a maximum penalty of life in prison.

Hadley, the Port St. Lucie teen accused of posting an invitation to a party on Facebook, then killing his parents with a hammer, made his first appearance before a judge Tuesday morning.

Chief Assistant State Attorney Tom Bakkedahl said afterwards that the state's ultimate punishment can't be considered here because several years ago the U.S. Supreme Court determined "it would be cruel and unusual to subject minors to the death penalty."

"It’s simply off the table; it’s not a viable option," Bakkedahl said Tuesday. "Despite the fact that the case may otherwise in all respects warrant the death penalty, we are prohibited from seeking it as a result of him being approximately six-months short of his 18th birthday."...

Police accuse Hadley of killing his parents Blake and Mary Jo Hadley. Their bodies were found in their locked bedroom in the 300 block of Northeast Granduer Avenue on Sunday morning.  Hadley was initially arrested as a juvenile, but Monday he was charged as an adult of two counts of 2nd-degree murder with a weapon and is being held on no bond at the St. Lucie County jail....

Bakkedahl, who was attending the Hadley autopsies at the Medical Examiner’s office in Fort Pierce, said state law requires the case be presented to a grand jury in order to seek first-degree murder charges.

Based on the criminal investigation conducted by Port St. Lucie police, Bakkedahl said evidence gathered supports charges of first-degree murder. "I think it’s going to be a clear first-degree murder case," he said.  "The only difference between this and any other first-degree murder case is as a result of his age, he does not face the prospect of the death penalty."...

Early Sunday morning, Port St. Lucie police received an anonymous tip indicating a 17-year-old might have killed his parents and the bodies had been in the home during a party attended by as many as 60 people. Police went to the home about 4:20 a.m. Sunday. There police found a hammer between the bodies of Mary Jo Hadley, 47, and 54-year-old Blake Hadley. Tyler Hadley was arrested late Sunday....

"It was a merciless killing. It was brutal and the Facebook invitation — a party to have your friends and 40 to 60 people come over — I think speaks for itself," Port St. Lucie police Capt. Don Kryak said, standing at the scene Monday.  "The blunt force trauma to the head and torso with a 22-inch framing hammer can effect a considerable amount of injury."

Murder Victims

Police believe Tyler Hadley acted alone, but officials don't know a motive. The former St. Lucie West Centennial High School student made no incriminating statements.

Kryak said the Facebook party invitation was posted about 1:15 p.m. or 1:30 p.m. Saturday — before the homicides occurred. Investigators suspect Tyler Hadley's mother was killed first, and then his father, and that the slayings happened outside the master bedroom door of the single-story home in the 300 block of Northeast Granduer Avenue.

In addition to providing a high-profile example of the impact of the Supreme Court's Roper limit on the application of the death penalty, I can imagine this disturbing case having some indirect impact on post-Graham legislative and litigation efforts to prevent LWOP sentences for even juvenile killers.

    Seventeen year old Tyler Hadley, murdered his parents. Then later celebrated his parents death by posting an invite on facebook. He was charged second degree murder with a weapon and his bond is still undecided.I think that Hadley should be sentenced life in jail because he murdered his parents with a weapon. Then thought that it'll be okay to celebrate it and post a invitation on facebook. My reaction was shocked. I was shocked because this seventeen year old boy attempts to murder both of his parents, then posts a invitation for a party on facebook to celebrate the murder of his parents.



http://sentencing.typepad.com/sentencing_law_and_policy/graham-and-sullivan-eighth-amendment-cases/

Facts

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

The eighth amendment was adopted, as part the Bill of Rights, in 1791. The eighth amendment originated from the British. In it, the idea that punishments should be based on the crime in the following words "A free man shall not be fined for a small offense unless according to the measure of the offense, and for a great offense he shall be fined according to the greatness of the offense."

The eighth amendment is important to my life because if I was to go to court for a crime then I would know that the government can't set my bail to high or punish me in a unusual way.