- About Us
- Areas of Practice
- Attorney Profile
- Case Results
- Contact Us
McKinney v. State, 843 A.2d 463, 470 (R.I. 2004). To determine whether the gravity of the offense is commensurate with the harshness of the sentence the court must consider the following, “the nature of the crime, the defendant’s criminal history, the state legislature’s intent when it classified the crime, and the state’s public safety interest in incapacitating recidivists. While these factors guide our analysis, this list is not exhaustive. We also consider [whether the defendant] consented to the sentence in [the] plea agreement.”
State v. Monteiro, 924 A.2d 784 (R.I. 2007). Statute requiring mandatory, consecutive life sentences for first-degree murder and using a firearm while committing a crime of violence resulting in death did not constitute cruel and unusual punishment under the United States Constitution or the state constitution.
A constitutional violation under the Eighth Amendment’s proportionality principle “will be found only in extreme circumstances in which the sentence is grossly disproportionate to the offenses for which defendant stands convicted.” If that high threshold is met, only then will the court consider a “comparison of the defendant’s sentence to similarly situated defendants.” Id. at 795.
The burden is on the defendant to show that the sentence is “manifestly excessive.”
<< Prev | Next >>
Back to Table of Contents
Call the Attorneys at The Law Offices of John E. MacDonald, Inc. at 401.421.1440 or EMAIL us today.
© John E. MacDonald. All Contents Copyright 2004-2011 John E. MacDonald. All Rights Reserved.
The contents of all material available on this Internet site www.AggressiveLegalServices.com are copyrighted by John E. MacDonald. ALL RIGHTS RESERVED. All rights are reserved by John E. MacDonald, and content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of John E. MacDonald.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Also, the Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.
© 2019 , Inc. All rights reserved. Website developed by Shark Bite SEO.