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MMLU / A state recidivist statute made it a felony punishable by life imprisonment…

Problem

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question

A state recidivist statute made it a felony punishable by life imprisonment without parole to be convicted for the fifth time of any form of criminal theft involving goods or money of $100 or more. A man's record showed four prior convictions for nonviolent crimes involving theft or bad checks, each one pertaining to property or cash in excess of $100 but not in excess of 500.Onthefifthconviction,afterconvictionofpassinga500. On the fifth conviction, after conviction of passing a 100 bad check, the court sentenced him to life without parole under a repeat offender statute. He challenged the sentence and the statute based on the Eighth Amendment prohibition against cruel and unusual punishment. The U.S. Supreme Court granted certiorari. Will the Court likely invalidate the sentence on these facts?
Plain-text mathematical notation (without MathML)
A state recidivist statute made it a felony punishable by life imprisonment without parole to be convicted for the fifth time of any form of criminal theft involving goods or money of $100 or more. A man's record showed four prior convictions for nonviolent crimes involving theft or bad checks, each one pertaining to property or cash in excess of $100 but not in excess of 500.Onthefifthconviction,afterconvictionofpassinga100 bad check, the court sentenced him to life without parole under a repeat offender statute. He challenged the sentence and the statute based on the Eighth Amendment prohibition against cruel and unusual punishment. The U.S. Supreme Court granted certiorari. Will the Court likely invalidate the sentence on these facts?
Original LaTeX notation
A state recidivist statute made it a felony punishable by life imprisonment without parole to be convicted for the fifth time of any form of criminal theft involving goods or money of $100 or more. A man's record showed four prior convictions for nonviolent crimes involving theft or bad checks, each one pertaining to property or cash in excess of $100 but not in excess of $500. On the fifth conviction, after conviction of passing a $100 bad check, the court sentenced him to life without parole under a repeat offender statute. He challenged the sentence and the statute based on the Eighth Amendment prohibition against cruel and unusual punishment. The U.S. Supreme Court granted certiorari. Will the Court likely invalidate the sentence on these facts?

choices

  1. Yes, because the gravity of the sentence is disproportionate to the seriousness of the crime, none of which involved bodily injury, and there is no possibility of parole.
  2. Yes, because life imprisonment can never be an appropriate punishment for criminality that does not take human life.
  3. No, because theft and passing bad checks has become a national emergency warranting tough remedial action to protect the economy, institutions and persons being victimized.
  4. No, because it is improper for the courts to attempt to interject their value judgments into a state's ostensibly reasonable legislative sentencing schemes.

subject

professional_law

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Source and history

task_id
9ee822d1-cfba-5e6c-a3e7-851f569fc9d5
task_key
all--test--9ee822d1-cfba-5e6c-a3e7-851f569fc9d5
task_revision_id
1
config / split
all / test

Official source

initial import