Cruel and Unusual Punishment The Eighth Amendment By Kyler Hamilton Honors Practical Law 3rd period

Eighth Amendment Cruel and unusual punishment is presented in the constitution by the eighth amendment and states…

Cruel and unusual punishment throughout history Prohibiting Cruel and Unusual punishment has been around for centuries A prohibition against cruel and unusual punishments in the bill of rights that was drafted form the commonwealth in Virginia

Cruel and unusual punishment throughout history Fifteen years later the prohibition of cruel and unusual punishments becomes a part of our constitution represented in the eighth amendment

We either believe in the dignity of the individual, the rule of the law and the prohibition of cruel and unusual punishment, or we don’t. There is no middle ground. Leon Panetta

A deeper look into the history of cruel and unusual punishment Ratification does not bring automatic protection Abraham Holmes argues that congress might repeat the abuses and torture convicted felons of federal

A deeper look into the history of cruel and unusual punishment crimes as well as use cruel and unusual punishment to oppress the American people There is a lack of restraints from inventing the most cruel and unheard-of punishments, and annexing them to crimes

A deeper look into the history of cruel and unusual punishment Others, as well as Holmes, like Patrick Henry were also concerned about the use of cruel and unusual punishments as oppression. “Congress . . .. may introduce the practice of France, Spain, and Germany of torturing, to extort a confession of the crime. They . . . will tell you that there is such a necessity of strengthening the arm of government, that they must . . . extort confession by torture, in order to punish with still more relentless severity. We are then lost and undone.”

Exactly What is cruel and unusual punishment? Cruel and unusual punishment does not have a definite answer. Torture is usually a common way of describing cruel and unusual punishment. Fortunately, there are 4 guidelines given by Former Justice William Brennan : The punishment cannot be arbitrary

What is cruel and unusual punishment? The punishment cannot be degrading to the human dignity The punishment cannot be patently unnecessary The punishment cannot be completely rejected throughout society

Cruel and Unusual punishment

Examples of cruel and unusual punishments

I Rest My Case

Francis vs. Resweber 1946-1947 Willie Francis was convicted of murder in 1946 He was given the death penalty and Sentenced to be electrocuted A mechanical error occurred and Willie Francis survived execution. A new death warrant issued Francis argued that multiple executions was cruel and unusual punishment as well as double jeopardy Francis is still executed in 1947 for a second time

Robinson vs. California 1962 Convicted being addicted to the use of narcotics Arrested because his arms appeared consistent with heavy drug use Charged with violating a California Statute Court Ruled Addiction is an illness

Ingraham vs. Wright 1977 Assistant Principal applies corporal punishment to 15 boys Ingraham was held down and delivered 20 blows Ingraham filed a complaint stating that the corporal punishment applied was in Violation of Eighth and Fourteenth Amendments Supreme Court Decision 5-4 saying that corporal punishment was not in violation of the 8th and 14th amendments

Solem vs Helm 1983 1979 Mr. Helm is convicted in South Dakota state court for uttering a " no account check" for $100 Helm is sentenced life in prison without eligibility for parole for 6 prior felonies The South Dakota supreme court Affirmed Helm sought Habeas relief in federal district court District court denied relief but the court of appeals reversed

Wilson vs. Seiter 1991 Petitioner Wilson, an Ohio prison inmate, filed suit against state prison officials Wilson claimed that his confinement conditions constituted cruel and unusual punishment. State officials failed to take remedial action Court says It is possible that the error was harmless The Case was Vacated and Remanded.

Hudson vs. McMillian 1991-1992 Hudson,a Louisiana Prison, inmate suffered multiple bruises and fractions after being beaten by two prison guards Beaten while handcuffed and shackled File complaint that 8th Amendment rights were violated Court decided that there was no violation because the injuries were minor and required no medical attention

Atkins vs. Virginia 2002 Atkins Daryl was convicted of capital murder Atkins is found guilty, however, is also found mildly mentally retarded Atkins states that sentencing the death penalty to a mentally retarded man violated the 8th amendment. Reversed and Remanded

Hope vs Pelzer 2002 Hope, an Alabama prison, was offered drinking water and a bathroom break every 15 minutes An altercation with one of the guards occurred Hope was handcuffed,placed in leg irons and sent to prison to sit on a hitching post for seven hours Hope was given 2 water breaks but no bathroom breaks Hope complained cruel and unusual punishment Guards entitled to qualified impurity Court's decide reversed

Roper V Simmons 2005 At age 17 Roper had committed a planned capital murder After turning 18 he was sentenced to death Roper argued that the constitution prohibits the death of a juvenile The Missouri Court agreed and changed his sentence to life imprisonment without eligibility for parole.

Miller vs. Alabama 2012 14 year old Evan Miller convicted of Aggravated Murder Miller is sentenced to life without parole Miller argued that it proved unconstitutional to sentence a minor to life without parole Supreme court reversed and remanded the state court decision

bibliography By the Applications, Petitioner Claimed the Protection of the Due Process Clause of the Fourteenth Amendment on the Ground That an Execution under the Circumstances Detailed Would Deny Due Process to Him Because of the Double Jeopardy Provision of the Fifth Amendment and the Cruel and Unusual Punishment Provision of the Eighth Amendment. "Louisiana Ex Rel. Francis v. Resweber." LII / Legal Information Institute. N.p., n.d. Web. 27 Sept. 2016. By the Applications, Petitioner Claimed...that an. "Francis v Resweber." Francis v Resweber. N.p., n.d. Web. 27 Sept. 2016. "FindLaw's United States Supreme Court Case and Opinions." Findlaw. N.p., n.d. Web. 27 Sept. 2016. " LII: Supreme Court Collection." LII: Supreme Court Collection. N.p., n.d. Web. 27 Sept. 2016. "Miller v. Alabama (10-9646)." LII / Legal Information Institute. N.p., n.d. Web. 27 Sept. 2016.