(DOWNLOAD) "State West Virginia v. Fred Michael Buck" by Supreme Court of Appeals of West Virginia " Book PDF Kindle ePub Free
eBook details
- Title: State West Virginia v. Fred Michael Buck
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 29, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
1. Punishment may be constitutionally impermissible, although not cruel or unusual in its method, if it is so disproportionate to the crime for which it is inflicted that it shocks the conscience and offends fundamental notions of human dignity, thereby violating West Virginia Constitution, Article III, Section 5 that prohibits a penalty that is not proportionate to the character and degree of an offense. Syllabus Point 5, State v. Cooper, W.Va. , 304 S.E.2d 851 (1983). 2. Disparate sentences for codefendants are not per se unconstitutional. Courts consider many factors such as each codefendant's respective involvement in the criminal transaction (including who was the prime mover), prior records, rehabilitative potential (including post-arrest conduct, age and maturity), and lack of remorse. If codefendants are similarly situated, some courts will reverse on disparity of sentence alone.
 "State West Virginia v. Fred Michael Buck" by Supreme Court of Appeals of West Virginia " Book PDF Kindle ePub Free){kind=link}