Eliseo Lugo III

 Prohibits cruel & unusual punishment.  Text of the Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.  What does that mean???

 Prisoners working on a chain gang?  Prisoners having to eat “the loaf?”  Prisoners not getting the type of cereal they want? Or crunchy v. creamy peanut butter?  Prisoners not getting adequate health care?  “3 strikes and you’re out” laws.

In modern times, the Eighth Amendment prohibits the torture of U.S. citizens. Inhumane prison conditions violate the Eighth Amendment.

 Specific Methods of Execution Prohibited:  The death penalty is legal, but not all methods of enforcing it are legal. Some, such as crucifixion and death by stoning, are obviously unconstitutional. Others, such as the gas chamber, have been declared unconstitutional by courts. And still others, such as hanging and the firing squad, have not been regarded as unconstitutional but are no longer in common use.

 Furman v. Georgia (1972)  Death penalty in this case is Unconstitutional.  It was being used indiscriminately against blacks.  States must do 2 things:  Allow defendant to show all evidence of why they should not received the DP, in the punishment phase.  Have an automatic appeal.

 Gregg v. Georgia (1976)  Death penalty in this case IS Constitutional.  And…Texas got after it after that!

 Thompson v. Oklahoma (1986)  Juveniles must be at least 16 years of age at the time of the crime, to receive the DP.  Stanford v. Kentucky (1989)  Upheld Thompson—16 still the rule.  Roper v. Simmons (2004)  A person must now be at least 18 years of age at the time of the crime, to receive the DP.

 Juveniles. (Roper v. Simmons)  Mentally retarded. (Atkins v. VA, 2001)  Mentally insane.

 1989 Stanford v. Kentucky—executing minors does not violate the constitution  Majority of Americans did not think executing a minor was cruel or unusual  2002 Atkins v. Virginia—Executing the mentally ill is “cruel & unusual”  2005 Roper v. Simmons—Most Americans now opposed to executing minors

Final Summary Question on the 8 th Amendment for Discussion: What does the law INTEND to prevent when it says “cruel & unusual punishment?”