1. Cruel and Unusual Punishment The Eighth Amendment
By Kyler Hamilton
Honors Practical Law 3rd period

2. Eighth Amendment
Cruel and unusual punishment is presented in the constitution by the eighth amendment and states…

3. Cruel and unusual punishment throughout history
Prohibiting Cruel and Unusual punishment has been around for centuries
A prohibition against cruel and unusual punishments in the bill of rights that was drafted form the commonwealth in Virginia

4. Cruel and unusual punishment throughout history
Fifteen years later the prohibition of cruel and unusual punishments becomes a part of our constitution represented in the eighth amendment

5. We either believe in the dignity of the individual, the rule of the law and the prohibition of cruel and unusual punishment, or we don’t. There is no middle ground.
Leon Panetta

6. A deeper look into the history of cruel and unusual punishment
Ratification does not bring automatic protection
Abraham Holmes argues that congress might repeat the abuses and torture convicted felons of federal

7. A deeper look into the history of cruel and unusual punishment
crimes as well as use cruel and unusual punishment to oppress the American people
There is a lack of restraints from inventing the most cruel and unheard-of punishments, and annexing them to crimes

8. A deeper look into the history of cruel and unusual punishment
Others, as well as Holmes, like Patrick Henry were also concerned about the use of cruel and unusual punishments as oppression.
“Congress may introduce the practice of France, Spain, and Germany of torturing, to extort a confession of the crime. They will tell you that there is such a necessity of strengthening the arm of government, that they must extort confession by torture, in order to punish with still more relentless severity. We are then lost and undone.”

9. Exactly What is cruel and unusual punishment?
Cruel and unusual punishment does not have a definite answer.
Torture is usually a common way of describing cruel and unusual punishment.
Fortunately, there are 4 guidelines given by Former Justice William Brennan :
The punishment cannot be arbitrary

10. What is cruel and unusual punishment?
The punishment cannot be degrading to the human dignity
The punishment cannot be patently unnecessary
The punishment cannot be completely rejected throughout society

11. Cruel and Unusual punishment

12. Examples of cruel and unusual punishments

13. I Rest My Case

14. Francis vs. Resweber
Willie Francis was convicted of murder in 1946
He was given the death penalty and Sentenced to be electrocuted
A mechanical error occurred and Willie Francis survived execution.
A new death warrant issued
Francis argued that multiple executions was cruel and unusual punishment as well as double jeopardy
Francis is still executed in 1947 for a second time

15. Robinson vs. California 1962
Convicted being addicted to the use of narcotics
Arrested because his arms appeared consistent with heavy drug use
Charged with violating a California Statute
Court Ruled Addiction is an illness

16. Ingraham vs. Wright 1977
Assistant Principal applies corporal punishment to 15 boys
Ingraham was held down and delivered 20 blows
Ingraham filed a complaint stating that the corporal punishment applied was in Violation of Eighth and Fourteenth Amendments
Supreme Court Decision 5-4 saying that corporal punishment was not in violation of the 8th and 14th amendments

17. Solem vs Helm 1983
1979 Mr. Helm is convicted in South Dakota state court for uttering a " no account check" for $100
Helm is sentenced life in prison without eligibility for parole for 6 prior felonies
The South Dakota supreme court Affirmed
Helm sought Habeas relief in federal district court
District court denied relief but the court of appeals reversed

18. Wilson vs. Seiter 1991
Petitioner Wilson, an Ohio prison inmate, filed suit against state prison officials
Wilson claimed that his confinement conditions constituted cruel and unusual punishment.
State officials failed to take remedial action
Court says It is possible that the error was harmless
The Case was Vacated and Remanded.

19. Hudson vs. McMillian
Hudson,a Louisiana Prison, inmate suffered multiple bruises and fractions after being beaten by two prison guards
Beaten while handcuffed and shackled
File complaint that 8th Amendment rights were violated
Court decided that there was no violation because the injuries were minor and required no medical attention

20. Atkins vs. Virginia 2002 Atkins Daryl was convicted of capital murder
Atkins is found guilty, however, is also found mildly mentally retarded
Atkins states that sentencing the death penalty to a mentally retarded man violated the 8th amendment.
Reversed and Remanded

21. Hope vs Pelzer 2002
Hope, an Alabama prison, was offered drinking water and a bathroom break every 15 minutes
An altercation with one of the guards occurred
Hope was handcuffed,placed in leg irons and sent to prison to sit on a hitching post for seven hours
Hope was given 2 water breaks but no bathroom breaks
Hope complained cruel and unusual punishment
Guards entitled to qualified impurity
Court's decide reversed

22. Roper V Simmons 2005
At age 17 Roper had committed a planned capital murder
After turning 18 he was sentenced to death
Roper argued that the constitution prohibits the death of a juvenile
The Missouri Court agreed and changed his sentence to life imprisonment without eligibility for parole.

23. Miller vs. Alabama 2012
14 year old Evan Miller convicted of Aggravated Murder
Miller is sentenced to life without parole
Miller argued that it proved unconstitutional to sentence a minor to life without parole
Supreme court reversed and remanded the state court decision

24. bibliography
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. "Louisiana Ex Rel. Francis v. Resweber." LII / Legal Information Institute. N.p., n.d. Web. 27 Sept
By the Applications, Petitioner Claimed...that an. "Francis v Resweber." Francis v Resweber. N.p., n.d. Web. 27 Sept
"FindLaw's United States Supreme Court Case and Opinions." Findlaw. N.p., n.d. Web. 27 Sept
"
LII: Supreme Court Collection." LII: Supreme Court Collection. N.p., n.d. Web. 27 Sept
"Miller v. Alabama ( )." LII / Legal Information Institute. N.p., n.d. Web. 27 Sept