(DOWNLOAD) "Adaway v. State" by Supreme Court of Illinois # eBook PDF Kindle ePub Free
eBook details
- Title: Adaway v. State
- Author : Supreme Court of Illinois
- Release Date : January 17, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
We review Adaway v. State, 864 So. 2d 36 (Fla. 3d DCA 2003), which expressly declared valid a state statute mandating life imprisonment without the possibility of parole for persons convicted of capital sexual battery. We have discretionary jurisdiction and granted review. See art. V, § 3(b)(3), Fla. Const.; Adaway v. State, 871 So. 2d 871 (Fla. 2004) (order granting review). The sole issue is whether a sentence of life imprisonment without the possibility of parole for oral union with the vagina of a girl under the age of twelve constitutes either cruel and unusual punishment (in violation of the Eighth Amendment to the United States Constitution) or cruel or unusual punishment (in violation of the former version of article I, section 17 of the Florida Constitution). In a case involving the identical crime, we held that a sentence of life imprisonment with the possibility of parole after twenty-five years complies with both constitutional provisions. See Banks v. State, 342 So. 2d 469 (Fla. 1976). We reach the same conclusion now, notwithstanding the Legislatures elimination of the possibility of parole.