1. Robert Crump and Diego Caballero
Justice for the Unjust - Cruel and Unusual Punishment in the U.S. Legal System
Robert Crump and Diego Caballero

2. Understanding the United States Constitution
The Constitution is the highest law of the land
Keeps every United States citizen “in check”
From the common man to figures of power
Signed on September 17, 1787, by delegates to the Constitutional Convention presided by President
In 1791 the Bill of Rights, a collection of 10 amendments, became part of the constitution
It consists of the preamble, 7 articles, and 27 amendments (of which the first ten are the Bill of Rights)
Amendment VII of the Constitution concerns the idea and the ban of cruel and unusual punishment
The excessive bail clause, the excessive fine clause, and the cruel and unusual punishment clause

3. The History of Cruel and Unusual Punishment
Cruel and Unusual Punishment was not an idea that America invented
In 1689, the English Bill of Rights, signed by King William III addressed the issue
"That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;"
Before King William III took the throne, King James II ruled and abused his power
Cruel and Unusual Punishment was first addressed in the United States in Amendment VII
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
The Constitution directly adopted the English Bill of Rights in order to protect the people from their own government

4. The Eighth Amendment in Depth
The eighth amendment has three main clauses
The excessive bail clause
A person’s bail for a particular crime cannot be so outrageously high that it does not fit the crime which the defendant is under trial for
The excessive fines clause
The amount which a person is fined is at the discretion of the judge. If a lower court’s judge imposes a fine that a higher up finds unreasonable, the higher power judge can overturn the fine
Cruel and Unusual Punishment clause
Under this clause, state and federal governments shall not sentence an individual to any cruel or unusual punishment, no matter how heinous the crime may be.

5. Examples of Cruel and Unusual Punishment

6. How do Courts Determine what is “Cruel and Unusual”?
There is no concrete definition for what is and is not cruel and unusual punishment
Legal dictionary defines it as: Such punishment as would amount to torture or barbarity, any cruel and degrading punishment not known to the Common Law, or any fine, penalty, confinement, or treatment that is so disproportionate to the offense as to shock the moral sense of the community
The Trop Standard
Supreme court tests if a punishment is offensive to the American public rather than just being shocking or outrageous.
Punishments not only can not be cruel or unusual, but they must also fit the crime
A few examples developed through case law: Castration, burning at the stake, quartering, crucifixion, breaking on the wheel, and other punishments that involve a painful or lingering death

7. Ten cases of cruel and unusual punishments
PENRY V. LYNAUGH (1989)
ATKINS V. VIRGINIA (1878)
GREGG V. GEORGIA (1976)
HUDSON V. MCMILLIAN (1992)
ROPER V. SIMMONS (2004)
BAZE v. REES(2008)
UNITED STATES V. BAJAKAJIAN (1998)
HARMELIN V. MICHIGAN (1991)
SOLEM V. HELM (1983)
INGRAHAM V. WRIGHT(1977)

8. PENRY V. LYNAUGH 1989
Trial for first degree murder of a 22 year old in Texas
psychologist testified that he was mdiley to moderate retarded. Had the mentality of a 6 and half year old, suffered from organic brain damage,and wasn't capable of learn from his mistakes. And some other evidence concluded that he was abused as a child.
During the trial the jury were asked to answer three questions during the penalty phase of the case without getting informed to considering the mitigating evidence which in term caused penry getting the death penalty
Penry appealed in court for two reasons. First he argued that the decision made violated the eighth admitted since the jury was not informed to consider his mitigating evidence in imposing his sentence and also that the eighth amendment prohibits the execution of the mentally retarded.

9. Conclusion
The supreme court concluded that capital punishment of the mentally retarded was not prohibited in the eighth amendment and would have given full justice to be given on penry. Since there was the other issue presented in court, the supreme court remanded his case for further proceedings. Eventually penry was spared death because of a supreme court ruling in another case (Atkins v virginia).

10. 2. ATKINS V. VIRGINIA 2002
Daryl Renard Atkins was convicted of first degree murder
Was sentenced to death even though a forensic scholastic evaluated Atkins before the case and found him to be “mildly mentally retarded’’
Was sentenced to death by the jury but his cases sentence was ordered to be reevaluated because the supreme court of virginia found that a misleading verdict form was used by the trial court
Again, the jury found him guilty and sentenced him to death
The supreme court of virginia was not willing to commute his sentenced to life just because of his disabilities and was enforcing the death sentence standing on the penry v lynaugh case
But because of the overall concerns expressed by dissenters that giving death to a mentally handicapped is a violation of the eighth amendment the u.s supreme court granted certiorari

11. conclusion
Was the sentencing of death on a mentally handicapped a violation of the eighth amendment?
A 6-3 opinion concluded yes, death to the mentally handicapped was a violation of the eighth amendment . It standed on that a large number of states had found punishing the mentally handicapped was over excessive and unjust since the mentally handicapped didn't have the capability of knowing from there wrong doings. The supreme court put a restriction on any state to not be able to take the life from a mentally retarded offender.

12. 3. GREGG V GEORGIA 1976
Tony Gregg was found guilty of armed robbery and murder of two people which he was punished with death sentence
Gregg challenged in court that his death penalty violated the eighth and fourteenth amendment
The supreme court disagreed with his claims on July 2, on a 7-to-2 decision that the sentence of death was not violating the eighth and fourteenth amendments
They found that since Gregg's crimes were extreme and enough evidence was there to prove he was guilty then the his capital punishment sentence would stay
On the night before his execution Gregg escaped from jail but was later killed in a bar fight

13. 4. HUDSON V. MCMILLIAN(1992)
Keith Hudson, an Inmate at the state penitentiary of Angola, Ilusiona claimed he was beaten by two prison guards while the supervisor watched
Hudson sued in federal district court arguing that they had violated the eighth amendment by not being free from cruel and unusual punishment
The federal court found that the guards were using excessive force when not needed causing the punishment inflicted on hudson a violation of the eighth amendment
Hudson was compensated $800
The court ruled that damages done by guards doesn't need to be significant in order for it to be violating the eighth amendment . In order for it to be violating the eighth amendment the cause of using force on a prisoner must be “wanton and unnecessary’’.

14. 5. ROPER V. SIMMONS 2005
Christopher Simmons was Sentenced to death in 1993 at the age of 17 for first degree murder
His direct appeal,subsequent petitions for state and federal postconviction relief were rejected.
Using reasoning from the Atkins case(Atkins v Simmons), roper created a new petition for state postconviction relief.
Argued that the Constitution prohibits the execution of a juvenile who are under 18, when he committed the crime he was 17.

15. Conclusion
On march 1, 2005 the Missouri supreme court voted 5-4 on a majority vote that the eighth and fourteenth amendment forbid the execution of offenders under 18. The court looked at the evolving standards of dency in which most states wouldn't give rulings of death to juvenile offenders and how it was rare. Furthermore the court found that juveniles are vulnerable to peer pressure, and more prone to immature and irresponsible behavior. Roper's death penalty was overturned and instead was given life in prison without eligibility of reales.

16. 6. Baze v. Rees (2008)
Two inmates challenged the death sentence by lethal injection saying it violated the eighth amendment
Did not bring up the fact that it is not uncommon for the procedure to go wrong and cause a prolonged death
In a decision, the supreme court ruled in favor of upholding the death penalty by lethal injection

17. 7. United States vs. Bajakajian (1998)
Bajakajian was caught attempting to leave the United States with approximately $360,000
At first courts told Bajakajian he would have to forfeit the full amount
Violated the Excessive Fines Clause
He was then fined only $15,000

18. 8. Harmelin vs. Michigan (1991)
Harmelin convicted of having 672 grams of cocaine
Sentenced to life in prison without possibility of parole
Defense claimed Cruel and Unusual Punishment under the circumstances that the sentencing is mandatory and no judge or jury is allowed any say in the punishment

19. 9. Solem Vs. Helm (1983)
Life sentence for writing a “no account” check for $100
Previously convicted for obtaining money by false pretenses, grand larceny, and driving while intoxicated
Significantly disproportionate
South Dakota Supreme Court affirmed the sentence
Court of Appeals reversed it

20. 10. Ingraham v. Wright (1977)
Made claim that students should not be able to be paddled without proper “hearing”
Lost in Court of Appeals, then appealed to the supreme court
Supreme court decided to uphold the previous decision of lower court
Claimed eighth amendment applied specifically to convicted criminals
Claimed low rate of abuse, openness of schools, and pre-existing safeguards made the punishments acceptable

21. Works Cited http://www.history.com/topics/constitution