1. Impact of the Eighth Amendment
Court Systems and Practices

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3. The Eighth Amendment
The Eighth Amendment states that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

4. Origin of the Eighth Amendment
Magna Carta
Created in 1215
The origin of the Eighth Amendment
States that a man may be fined according to the measure of the offense

5. History of the Eighth Amendment
English Bill of Rights
Created in 1689
Incorporated the principle of proportionality
The document that the framers of the U.S. Constitution used to write the Eighth Amendment

6. Excessive Bail Clause Restricts judicial discretion in setting bail
Judges must consider factors such as
Severity of the crime
Weight of the evidence
Income of the accused
Criminal history of the accused
Flight risk of the accused

7. Excessive Bail Clause (continued)
Limits excessive fines – the amount that the state and the federal governments may fine a person for a particular crime

8. Part 2: U.S. Supreme Court decisions based on the Eighth Amendment

9. How Cruel and Unusual Punishments are Determined
Trop v. Dulles (1958) – the courts must determine whether a particular punishment is offensive to society at large, not just shocking or outrageous to a particular judge

10. How Cruel and Unusual Punishments are Determined (continued)
Furman v. Georgia (1972) – the U.S. Supreme Court said there are four principles used to determine whether a particular punishment is cruel and unusual.

11. How Cruel and Unusual Punishments are Determined (continued)
The four principles are
A punishment is in its severity degrading to human dignity
A severe punishment that is obviously inflicted in a wholly arbitrary fashion
A severe punishment that is clearly and totally rejected throughout society
A severe punishment that is patently unnecessary

12. How Cruel and Unusual Punishments are Determined (continued)
Solem v. Helm (1983) – the U.S. Supreme Court said the following has to be considered when sentencing a person to prison
The gravity of the offense and the harshness of the penalty
The sentences imposed on other criminals in the same jurisdiction
The sentences imposed for the commission of the same crime in other jurisdictions

13. Specific Punishments Outlawed by the U.S. Supreme Court
In re Kemmler (1890) – crucifixion, breaking on the wheel, burning at the stake, and other punishments that involved lingering death were prohibited

14. Specific Punishments Outlawed by the U.S. Supreme Court (continued)
Weems v. U.S. (1910) – "hard and painful labor,” shackling for the duration of incarceration, and permanent civil disabilities are cruel and unusual

15. Specific Punishments Outlawed by the U.S. Supreme Court (continued)
Trop v. Dulles (1958) – taking away a natural born citizen’s U.S. citizenship is unconstitutional

16. Specific Punishments Outlawed by the U.S. Supreme Court (continued)
Robinson v. California (1962) – incarcerating a person for being a drug addict is unconstitutional

17. Specific Punishments Outlawed by the U.S. Supreme Court (continued)
Skinner v. Oklahoma (1941) – “feeble-minded” or “habitual” criminals cannot be sterilized in an effort to keep them from reproducing in order to pass on their deficient characteristics

18. Specific Punishments Outlawed by the U.S. Supreme Court (continued)
Atkins v. Virginia (2002) – executing the mentally retarded is unconstitutional

19. Specific Punishments Outlawed by the U.S. Supreme Court (continued)
Roper v. Simmons (2005) – executing a person who was under the age of 18 at the time of the crime is unconstitutional

20. Specific Punishments Outlawed by the U.S. Supreme Court (continued)
Coker v. Georgia (1977) – the death penalty for someone convicted of rape or any crime that does not lead to death is unconstitutional
Graham v. Florida (2010) – life without parole for a minor for any crime other than murder is prohibited

21. Specific Punishments Upheld by the U.S. Supreme Court
Gregg v. Georgia (1977) – the death penalty is not unconstitutional. This overturned Furman v. Georgia (1972) where the Court said the death penalty was cruel and unusual
Wilkerson v. Utah (1878) – death by firing squad is not cruel and unusual

22. Specific Punishments Upheld by the U.S. Supreme Court (continued)
In re Kemmler (1890) – death by electrocution is not cruel and unusual

23. Specific Punishments Upheld by the U.S. Supreme Court (continued)
Baze v. Rees (2008) – death by lethal injection is not cruel and unusual

24. Specific Punishments Upheld by the U.S. Supreme Court (continued)
In Rummel v. Estelle (1980) and Lockyer v. Andrade (2003) – life sentences with the possibility of parole for the third crime of the “three strikes, you’re out rule” is not cruel and unusual

25. Specific Punishments Upheld by the U.S. Supreme Court (continued)
Harmelin v. Michigan (1991) – a life sentence without parole for possession of 672 grams of cocaine was upheld

26. Appeals
Convicted persons would have to file an appeal to a higher court if they believe that their punishment violates the Eighth Amendment

27. Resources
Do an Internet search for the following
legal dictionary eighth amendment
solitary watch supreme court cases