1. BAIL & CRUEL AND UNUSUAL PUNISHMENT
8TH AMENDMENT
BAIL & CRUEL AND UNUSUAL PUNISHMENT

2. Purposes of Bail Clause
Prevents a court from setting bail so high a person can’t obtain it

3. Cruel and Unusual Punishment
Determined by two guidelines

4. Cruel and Unusual Punishment
1. Can’t involve the unneces-sary and wanton infliction of pain: torture such as the follow-ing but not limited to - dragging, disemboweling, beheading, dissecting, burning alive

5. Cruel and Unusual Punishment
2. Punishment can’t be out of proportion to the crime: example: exp: person got life for $100 bad check after seven previous felonies (Solem v. Helm)

6. Death Penalty Outlawed in U.S. in 1972 in Furman v. GA by 5-4
problem: application

7. Furman: Reasons against
1. Primarily against minorities
2. Used disproportionately against blacks, poor, unpopular
3. Blacks more likely to receive death penalty for rape

8. Furman: Reasons against
4. Wealthy rarely executed
5. Denies a person humanity
6. Unequally applied
7. Morally wrong
8. Most people opposed to it

9. Furman: Reasons against
9. Does not deter crime
10. Not more retributive than life in prison
11. An innocent person may be wrongly executed

10. Furman: Arguments for 1. Historical use 2. Society not opposed to it
3. Rare imposition shows discretion in application
4. Not opposed by Founding Fathers

11. Furman: Arguments for
5. Decision should be by legislatures of states not court
6. Discrimination less likely today in application
7. Proper retribution
8. Deters at least some people

12. Results
1. Limited to homicide
2. Penalty phase to trials

13. Capital Punishment
States without capital punish-ment: AK, ME, MN, VT, HI, MA, ND, WV, IA, MI, RI, WI, AND DC
States with it: rest plus U.S. and military

14. Death Row Inmates
Total #: 3549
Females: 48

15. States with d.p. no executions
CT, KS, NH, NJ, NM, NY( law took effect on 01 Sept 95), OH, SD, TN, U.S. GOV’T, U.S. MILITARY

16. 14th Amendment DUE PROCESS OF LAW FAIRNESS IN THE LEGAL SYSTEM
POSSIBLY MOST WIDELY USED IN THE CRIMINAL JUSTICE SYSTEM