Modern Issues in the U.S. Agenda: October 23, 2018 Modern Issues in the U.S. Agenda: NOTES #12: What rights does the Eighth Amendment protect? FOURTH, FIFTH, SIXTH, AND EIGHTH AMENDMENTS OPEN-NOTES TEST TODAY (BASED ON NOTES #s 10–12) NOTES-CHECK #s 6– 10 LAST TUESDAY

What rights does the Eighth Amendment protect? Notes #12

The Eighth Amendment protects accused persons against excessive bail or fines while awaiting trial.

A bail or fine is considered excessive if it is inconsistent with the severity of a crime.

Bail can be denied if criminal charges are serious enough or if an accused person is a threat to flee. Charles Manson Sirhan Sirhan

The Eighth Amendment also protects accused persons against cruel and unusual punishments.

A punishment is considered cruel and unusual if it is inconsistent with the severity of a crime

# of executions by method since 1976 # of states authorizing method Jurisdictions that Authorize Lethal Injection 1,236 31 states + U.S. Military and U.S. Government Alabama, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, Wyoming, U.S. Military, U.S. Government Electroc - tion 158 (last used in January 2013) 9 states (all have lethal injection as primary method) Alabama, Arkansas, Florida, Kentucky, Oklahoma, South Carolina, Tennessee, Virginia Gas Chamber 11 (last used in March 1999) 4 states (all have lethal injection as primary method) Arizona, California, Missouri, Wyoming Hanging 3 (last used in January 1996) 2 states (all have lethal injection as primary method) New Hampshire, Washington Firing Squad 3 (last used in June 2010) 1 state (all have lethal injection as primary method) Oklahoma

In the 1972 case Furman v. Georgia, the Supreme Court ruled that the death penalty is legal only if a state has clear and consistent rules for the execution of all people.

In the 1976 case Gregg v. Georgia, the Supreme Court ruled that the death penalty is legal only if it is imposed because of the severity of the crime.