A boy, age twelve, had friends who convinced him to carry a gun to a robbery. No one was injured in the robbery, and the boy never used the weapon. However, the boy was caught and charged with a crime. At trial, a judge sentences the boy to life in prison. How can the boy’s counsel use the Eighth Amendment to support his case? Give your response in at least two complete sentences.

The boy's counsel could argue that the sentence is cruel and unusual punishment. This is prohibited by the Eighth Amendment. The boy does not have the judgment of an adult and cannot be punished as an adult. In fact, even if the boy were an adult, life in prison could be a cruel or unusual sentence.

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chilljain33 chilljain33 · Answer 2 · 2022-01-04T11:52:25+01:00

The boy's counsel can support him by proving that as per the Eighth Amendment of the Constitution one cannot be charged for any crime if he is not major at age.

A person can also not be charged for any criminal case under the circumstances if the person is of unsound mind, or has been refrained by the court's order as such.

Eighth amendment of the Constitution

As per the eighth amendment there cannot be excessive punishments for the crime not committed yet. The boy only carried the gun which is a tort but not a crime.

If there is no injury but a serious security concern to the life and liberty of the public in general due to such acts, the court may induce criminal liabilities against such boy.

However, it is found that the boy is a minor at age and is also considered to be of unsound mind and in the eyes of the law cannot take his decisions thinking as an adult.

The above statement gives the boy's counsel the power to demand immediate bail and the boy may be sent to the children borstal for getting his due punishment.

Hence, the eighth amendment of the constitution gives the boy's counsel the power to demand immediate bail as the boy is still not an adult.

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