Eighth Amendment Maricela Gonzalez

What exactly is the eighth amendment? "Excessive bail should not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted"

Francis v. Resweber Willie Francis convicted of murder on September 1945 Sentenced to death on May 3, 1946 Mechanical difficulty? New death warrant issued

Issues Officials claimed a violation of Eighth Amendment Electrocuted him without killing him Sent him back to prison to await another death sentence

Final Verdict Decided didn't go against Eighth Amendment Was not intention of police department to fail Sent him back to prison Supreme Court ruled 5-4 in favor to another execution Willie Francis electrocuted on May 9, 1947

Baze v. Rees Januarary 1992, Ralph Baze killed 2 police officers Sentenced to death on September 25, 2007 Argued lethal injection was unconstitutional Used eighth amendment as reference

Issues Does it lethal injection violate eighth amendment? Chemicals used in execution violate? Other chemicals can be used to cause less pain

Final Verdict Supreme Court claimed a painless execution was never required Granted stay of execution on September 12, 2007 Currently on death row

Citations 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. (n.d.). Louisiana ex rel. Francis v. Resweber. Retrieved October 05, 2016, from https://www.law.cornell.edu/supremecourt/text/329/459 Bador, E. J. (2008, June 30). Revisiting the Execution of Willie Francis: Race, Murder and the Search for Justice. Retrieved October 05, 2016, from http://www.alternet.org/story/89950/revisiting_the_execution_of_willie_francis:_race,_murder_an d_the_search_for_justice Blanco, J. I. (n.d.). Willie Francis | Murderpedia, the encyclopedia of murderers. Retrieved October 05, 2016, from http://murderpedia.org/male.F/f/francis-willie.htm By granting certiorari in this case, the Supreme Court has seemingly imposed a "de facto moratorium" on lethal injections across the country. While the outcome of this case is unlikely to outlaw the death penalty on the whole, it may have a profound effect on the kinds of procedures that will be used to carry out future executions. (n.d.). Baze v. Rees (07-5439). Retrieved October 06, 2016, from https://www.law.cornell.edu/supct/cert/07-5439 Legal Systems. (n.d.). Retrieved October 06, 2016, from http://aguilarforensics.weebly.com/legal-systems