Do you support the use of the Death Penalty? Is it a cruel form of punishment?

Eighth Amendment “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusually punishments inflicted.” Is the death penalty a cruel form of punishment? In general, the court has let the states determine the type of punishment they want to use.

Bail and Punishment Stack v. Boyle (1951) – bail must be “reasonably calculated” based on charge Rhodes v. Chapman (1976) – putting two prisoners in a cell build for one is not cruel Rummel v. Estelle (1980) – a mandatory life sentence for a “three time loser” is not cruel

Death Penalty The court has never forbid it. Furman v. Georgia (1972) – death penalty cannot be applied arbitrarily Gregg v. Georgia (1976) – two stage trials for death penalty cases meet Constitutional scrutiny McClesky v. Kemp (1987) – the death penalty, even when it appears to discriminate against African Americans, is constitutional McClesky v. Zant (1991) – places limits on the appeals process of death row inmates Atkins v. Virginia (2002) – cannot execute the mentally retarded Roper v. Simmons (2004) – executing 18 year-olds is cruel

Unit #8 Exam Preview 10 multiple choice on the federal court system and chart (Chapter 18) Establishment or Free Exercise – 5 questions Types of limited speech matching – 5 questions Rights of the accused matching “what right was violated?” – 5 questions 10 multiple choice on civil liberties (general) Which Amendment? 4 th 5 th or 6 th matching – 5 questions “Essay” – Open Book! Two hypotheticals. Who wins the case? What is the precedent case? Freedom of Press/Search and Seizure