Impact of the Eighth Amendment Court Systems and Practices

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The Eighth Amendment The Eighth Amendment states that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

Origin of the Eighth Amendment Magna Carta Created in 1215 The origin of the Eighth Amendment States that a man may be fined according to the measure of the offense

History of the Eighth Amendment English Bill of Rights Created in 1689 Incorporated the principle of proportionality The document that the framers of the U.S. Constitution used to write the Eighth Amendment

Excessive Bail Clause Restricts judicial discretion in setting bail Judges must consider factors such as Severity of the crime Weight of the evidence Income of the accused Criminal history of the accused Flight risk of the accused

Excessive Bail Clause (continued) Limits excessive fines – the amount that the state and the federal governments may fine a person for a particular crime

Part 2: U.S. Supreme Court decisions based on the Eighth Amendment

How Cruel and Unusual Punishments are Determined Trop v. Dulles (1958) – the courts must determine whether a particular punishment is offensive to society at large, not just shocking or outrageous to a particular judge

How Cruel and Unusual Punishments are Determined (continued) Furman v. Georgia (1972) – the U.S. Supreme Court said there are four principles used to determine whether a particular punishment is cruel and unusual.

How Cruel and Unusual Punishments are Determined (continued) The four principles are A punishment is in its severity degrading to human dignity A severe punishment that is obviously inflicted in a wholly arbitrary fashion A severe punishment that is clearly and totally rejected throughout society A severe punishment that is patently unnecessary

How Cruel and Unusual Punishments are Determined (continued) Solem v. Helm (1983) – the U.S. Supreme Court said the following has to be considered when sentencing a person to prison The gravity of the offense and the harshness of the penalty The sentences imposed on other criminals in the same jurisdiction The sentences imposed for the commission of the same crime in other jurisdictions

Specific Punishments Outlawed by the U.S. Supreme Court In re Kemmler (1890) – crucifixion, breaking on the wheel, burning at the stake, and other punishments that involved lingering death were prohibited

Specific Punishments Outlawed by the U.S. Supreme Court (continued) Weems v. U.S. (1910) – "hard and painful labor,” shackling for the duration of incarceration, and permanent civil disabilities are cruel and unusual

Specific Punishments Outlawed by the U.S. Supreme Court (continued) Trop v. Dulles (1958) – taking away a natural born citizen’s U.S. citizenship is unconstitutional

Specific Punishments Outlawed by the U.S. Supreme Court (continued) Robinson v. California (1962) – incarcerating a person for being a drug addict is unconstitutional

Specific Punishments Outlawed by the U.S. Supreme Court (continued) Skinner v. Oklahoma (1941) – “feeble-minded” or “habitual” criminals cannot be sterilized in an effort to keep them from reproducing in order to pass on their deficient characteristics

Specific Punishments Outlawed by the U.S. Supreme Court (continued) Atkins v. Virginia (2002) – executing the mentally retarded is unconstitutional

Specific Punishments Outlawed by the U.S. Supreme Court (continued) Roper v. Simmons (2005) – executing a person who was under the age of 18 at the time of the crime is unconstitutional

Specific Punishments Outlawed by the U.S. Supreme Court (continued) Coker v. Georgia (1977) – the death penalty for someone convicted of rape or any crime that does not lead to death is unconstitutional Graham v. Florida (2010) – life without parole for a minor for any crime other than murder is prohibited

Specific Punishments Upheld by the U.S. Supreme Court Gregg v. Georgia (1977) – the death penalty is not unconstitutional. This overturned Furman v. Georgia (1972) where the Court said the death penalty was cruel and unusual Wilkerson v. Utah (1878) – death by firing squad is not cruel and unusual

Specific Punishments Upheld by the U.S. Supreme Court (continued) In re Kemmler (1890) – death by electrocution is not cruel and unusual

Specific Punishments Upheld by the U.S. Supreme Court (continued) Baze v. Rees (2008) – death by lethal injection is not cruel and unusual

Specific Punishments Upheld by the U.S. Supreme Court (continued) In Rummel v. Estelle (1980) and Lockyer v. Andrade (2003) – life sentences with the possibility of parole for the third crime of the “three strikes, you’re out rule” is not cruel and unusual

Specific Punishments Upheld by the U.S. Supreme Court (continued) Harmelin v. Michigan (1991) – a life sentence without parole for possession of 672 grams of cocaine was upheld

Appeals Convicted persons would have to file an appeal to a higher court if they believe that their punishment violates the Eighth Amendment

Resources http://en.wikipedia.org/wiki/Eighth_Amendment_to_the_United_States_Constitution http://law.jrank.org/pages/5907/Cruel-Unusual-Punishment.html http://deathpenalty.procon.org/view.resource.php?resourceID=001769 Do an Internet search for the following legal dictionary eighth amendment solitary watch supreme court cases