Michigan drug law struck down; life without parole for cocaine possession violates state constitution, court rules

Article Abstract:

Michigan's Supreme Court decided in Jun 1992, that a mandatory life sentence with no parole for possession of at least a pound and a half of cocaine constitutes cruel and unusual punishment and is therefore unconstitutional. The decision, however, did not deal with other aspects of the state's narcotics laws, such as possession with intent to deliver, and thus called other penalties and sentences into question. All prisoners who have received life sentences without parole are to be considered for parole after 10 years because of the decision, but the state corrections department has stated that it will affect only 32 inmates.

Interpretation and construction, Narcotic laws, Cocaine

---

Just say 'see you in court;' drug users can seek dealers' cash under new liability laws

Article Abstract:

California became in Sept 1996 the sixth state to enact a drug dealer liability law. Most such laws require only that the plaintiff prove the occurrence of a dealer selling drugs. Critics feel such laws are both ineffective and unconstitutional, also that judgments are difficult to collect. Constitutional concerns include the possibility of cruel and unusual punishment in having a dealer face both criminal and civil prosecution and asset forfeiture proceedings. The strongest constitutional issue is denying substantive due process.

Drug traffic, Criminal liability, Fines (Penalties), states

---

Insane inmate avoids death penalty; Louisiana Supreme Court holds unconstitutional "medicate-to-execute" plan

Article Abstract:

The Louisiana Supreme Court has ruled that paranoid schizophrenic Michael Owen Perry cannot be forcefully medicated in order to make him sane enough for execution. The court held that forced medication would violate Perry's rights to be free of cruel and unusual punishment. Perry has been in and out of mental hospitals since his teens and in 1985 was convicted of killing his family.

Cases, Capital punishment, Mentally disabled persons, Capital punishment for mentally handicapped

Similar abstracts:

• Abstracts: Outcomes without trials: Supreme Court decisions add to rules on out-of-court case resolutions. Holding the center; Sandra O'Connor evolves into major force on Supreme Court
• Abstracts: Arts grant restrictions struck down; decision is the latest to find free-speech message in abortion-counseling case
• Abstracts: Tribunals give justice a chance; ex-prosecutor says support from free press is vital to the task. The power of the pen; judge contends colleagues become activists to please the press

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.