1. 8th Amendment
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

2. 8th Amendment 3 Distinct Clauses: Excessive Bail Clause
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
3 Distinct Clauses:
Excessive Bail Clause
Excessive Fines Clause
Cruel and Unusual Punishment Clause
Such as…

3. Experiences under British Rule
History of the 8th amendment
Magna Carta
English Bill of Rights
Experiences under British Rule
"Popish Plot", a supposedCatholic conspiracy to kill King Charles II and put his Catholic Brother on the throne
1776 – Virginia Declaration of Rights
*first statement of belief regarding the rights of man by any American government
The pillory is a device where the person's head and hands are secured in a wooden frame, which is usually placed in a public place where passersby can taunt them and throw garbage at them. The main purpose for such a device is public humiliation
Both of these punishments, the pillory and whipping, were common punishments at that time. What was so offensive to the English people was the fact that the punishment was to be given over and over again every year

4. Take a look at some real cases
Cruel and Unusual? or Don’t do the crime if you can’t do the time?
8th - Punishments for crimes be in proportion to the crime committed

5. This poor guy…Titus Oates.
Oates was tried and convicted of lying in court.
**Several people had been executed as a result of his untrue statements in court POPISH PLOT
His punishment:
Imprisonment
An annual ordeal which included being confined in a pillory for two days and one day of being whipped while tied to a moving cart.
"Popish Plot", a supposedCatholic conspiracy to kill King Charles II and put his Catholic Brother on the throne
1776 – Virginia Declaration of Rights
*first statement of belief regarding the rights of man by any American government
The pillory is a device where the person's head and hands are secured in a wooden frame, which is usually placed in a public place where passersby can taunt them and throw garbage at them. The main purpose for such a device is public humiliation
Both of these punishments, the pillory and whipping, were common punishments at that time. What was so offensive to the English people was the fact that the punishment was to be given over and over again every year
Though the punishments were ordinary, they became extraordinary and excessive due to their repetition year after year.

6. Excessive Bail Clause What is bail?
Def: an amount of money that must be given to a court by a person accused of a crime in order for them to be able to leave the jail before the trial (a PROMISE).
- If the person doesn't show up for his trial, then he forfeits the money he gave as bail.
- If the person shows up on their trial date, the bail money is returned to them.

7. Courts must decide on a balance
Courts must set the bail to a sufficiently high amount so that the accused person will have an incentive to show up for their trial
Courts must also protect the community.
Some cases - Court will not allow someone to pay bail and get out of jail.
This happens if the alleged crime is particularly heinous or if releasing the person would cause some unusually dangerous threat to the community.

8. If bail amounts too large and people cannot pay them  they would have to stay in jail until their trial date – What’s the problem with that?

9. What’s the problem with that?
Prevents accused from preparing their defense adequately.
Person has merely been accused of a crime because, in the American legal system, people are presumed to be innocent until they are proven guilty.
3. Allowing out on bail gives opportunity to continue working to provide for their family and do other normal activities
(and also reduces expenses for the local jail since they will not have to house and feed the accused)
hard to prepare a defense from jail.

10. How is bail determined? - 2. Prior Criminal History
– Bail Rate Schedule (differs)
THEN TAKE INTO CONSIDERATION
- 1. Severity of the Crime
May deny if danger to the community
- 2. Prior Criminal History
Priors – higher (or non-existent)

11. How is bail determined con’t?
- Flight Risk
If YES – increase bail or deny
- ex: Turn over passports, pilot’s license, etc… - Financial Resources
But if you have TIES TO THE COMMUNITY – probably not
- Released on their own recognizance – what is that?
If judge thinks person is a NOT a flight risk, no criminal history & crime is not viewed as a violent crime and not a risk to community
Merely sign a statement – they will return for trial
IF NOT – ARREST WARRANT!

12. That’s when you call these guys – BAIL BONDSMAN
How do you afford that?
That’s when you call these guys – BAIL BONDSMAN
Will LOAN the money FOR A FEE

13. Bonds are bails paid by a bail bond company as a loan to a defendant.
What is Bond?
Bonds are bails paid by a bail bond company as a loan to a defendant.
Giving loans to criminal defendants seems like a risky business, right?.
Have to give something as Collateral- is something of value such as a house or car placed with the bail agent which may be sold in the event of forfeiture of the bond..
How long does it take to get out of jail? 30 minutes or as long as 48 hours.

14. How much does a bail bond cost?
Typically, a defendant is also required to pay 10% of the bail amount in cash. And you can offer weapons up as bond collateral? I guess handing over a pile of guns when you are facing criminal charges might be best for everyone
If the person doesn’t show up for trial, the bondsman loses his money as well… not a happy guy.

15. Who does the Bail Bondman call…?
THE BOUNTY HUNTERS
aka Fugitive Recovery Agents
Will find the person and RETURN them to the jail so that the Bondsman can get money back.

16. Most well-known Dog Fugitive…Andrew Luster
He had been convicted in absentia on 86 counts including multiple rape charges connected to assaults in 1996, and 2000
Dog and his team to Mexico (living under an assumed name
Captured Luster
On their way to California, while still in Mexico, they were pulled over by Mexican police, and all four of them were jailed.
Once the authorities confirmed Luster's identity, he was sent to California to face his 124-year sentence.
Serial rapist 
Heir to Max Factor Cosmetics Fortune
Had fled the United States in the middle of his trial

17. Want to be a Bounty Hunter?
$$ How much will I make?
Paid a percentage of the total bail, usually 5-10%.
For example, if you recover a fugitive with a $5,000 bail, you can expect to make $500.
$3 million bail - $150,000
A lethal weapon is considered anything that could inflict serious bodily harm, which would include a billy club or a taser. You are free to change between the qualifications provided you have received training for both.

18. Want to be a Bounty Hunter?
Illinois does not permit 'bounty hunters”
Other States- To qualify - at least 18 years old
Undergo a complete physical and psychological evaluation.
Background check
You cannot have a conviction of any violent crime.
When your application process is complete, you will need to attend a certified lethal weapons training program. There are dozens of schools certified by the state to teach the classes.
You can have your training waived if you have been a law enforcement officer, taken previous classes or received similar training.
Pennsylvania requires that you be recertified every 5 years to carry a lethal weapon or firearm.
Application fees and certification training will cost you at least $400. If you are already employed by a bail bond company, they may help you with the expense.
Graduating with a degree in criminal justice, sociology or public administration is helpful if you are interested in being a bounty hunter in Pennsylvania.  .
A lethal weapon is considered anything that could inflict serious bodily harm, which would include a billy club or a taser. You are free to change between the qualifications provided you have received training for both.

19. Excessive Fines Clause
Prevents judges from levying excessive fines
United States v. Bajakajian, (1998)
Family attempted to leave the US with $357,144 without reporting this to customs officials as required by law
reporting of all international movements of currency with value in excess of $10,000.
The US Government sought forfeiture of the entirety of the $357,144.
A United States district court judge found the forfeiture of the whole $357,144 to be grossly disproportionate and in violation of the Eighth Amendment.
He ordered forfeiture of $15,000 in addition to the maximum fine of $5,000 and three years probation for failure to report.
Gov’t – Appellate Court – SAME RULING
None of the money was found to have been connected with any other criminal action whatsoever.
Bajakajian was traveling to Cyprus  intended to pay a debt.
Michael Raab celebrating on the steps of the United States Supreme Court after argument in US v. Bajakajian, where Mr. Raab wrote the winning legal briefs.
Gov’t  Supreme Court Decision: For Bajakaijian

20. Cruel and Unusual Punishment Clause
The 8th Amendment requires that punishments for crimes be in proportion to the crime committed. Punishments that are far greater than the crime should demand can be overturned by a higher court.
was a German-American United States citizen with dual nationality who was executed as a spy for Nazi Germany during World War II.
Operation Pastorius consisted of 12 English-speaking Germans who were trained as secret agents 
were sent to the United States via U-Boat to try to damage the US war industries. Haupt and three others landed on Ponte Vedra Beach, Florida on June 17, The remaining group landed on Long Island, New York. Haupt promptly took a train from Jacksonville to Chicago, where he stayed with his parents and visited his girlfriend. Haupt may well have intended to remain inactive until the end of the war. However, two members of the Long Island group, (George John Dasch and Ernst Peter Burger), had decided to defect to the Americans and did so almost immediately. They informed on their comrades. Haupt and his parents were arrested in Chicago on June 27
HE and 5 others - sent via U-boat to sabatoge US industry
For example, the courts have ruled that the death penalty is out of proportion to any other crime than one where a murder is committed, except for crimes against the government such as treason and spying.
Herbert Hans Haupt
22 years old - electric chair

21. Why not other crimes besides murder?
Supreme Court recently addressed this issue
In 1977, the U.S. Supreme Court in Coker v. Georgia held that the death penalty for the rape of an adult was "grossly disproportionate" and an "excessive punishment," and hence was unconstitutional under the Eighth Amendment.
-Some states passed new laws allowing the death penalty for the rape of a child.

22. Why not other crimes besides murder?
Supreme Court recently addressed this issue
-In 2007, the Louisiana Supreme Court upheld the death sentence for Patrick Kennedy for the rape of his step-daughter, LOUISIANA v. KENNEDY
-Struck down by the U.S. Supreme Court on June 25, 2008.
-This decision held that the death penalty would be disproportionate for any offense against an individual that did not involve death of the victim.
As it relates to crimes against individuals, though, the death penalty should not be expanded to instances where the victim’s life was not taken. -Justice Anthony Kennedy, writing for the majority in Kennedy v. Louisiana

23. Supreme Court Cases 1.Furman v. Georgia (1972)
Death penalty is Unconstitutional.
Arbitrary and inconsistent
It was being used indiscriminately against minorities
2.Gregg v. Georgia (1976)
Death penalty IS Constitutional.
And…Texas got after it after that!

24. The Death Penalty Is it cruel and unusual punishment?
2016
Texas carried out its 600th execution since the US Supreme Court reintroduced the death penalty in 1976.
Conner asked for forgiveness before he was put to his death.

25. What if you are wrongfully accused?
The state of Texas compensated him with over $6 million in a lump sum payment, annuity payments, health insurance, and educational benefits
240 people on Death Row have been exonerated through DNA testing nationwide
40% have not received any form of assistance after their release.  

26. Wrongfully Accused? Existing compensation laws vary widely:
Federal Crimes: a wrongfully imprisoned individual can receive a maximum of  $50,000 per year of wrongful incarceration with an additional $50,000 for each year spent on death row
State Law DIFFERS: $20,000 - $80,000 per year/$50 per day (incarcerated)
TO NO LIMIT (TEXAS - $6 million compensation)
Ex: Other states deny assistance falsely confessed or pled guilty
The state of Texas compensated him with over $6 million in a lump sum payment, annuity payments, health insurance, and educational benefits

27. Wrongfully Accused? Only 27 states compensate the wrongfully convicted
Illinois – $85,350 for those who served up to five years;
-$170,000 for those who served between five and 14 years;
-$199,150 for those who served more than 14 years.
The law also reimburses attorney's fees up to 25 percent of the compensation award.
Job search and placement services.
The state of Texas compensated him with over $6 million in a lump sum payment, annuity payments, health insurance, and educational benefits

28. Texas dumps the electric chair in 1977 & moves to lethal injection.
Lethal injection consists of:
Sodium Thiopental (lethal dose—sedates person)
Pancuronium Bromide (muscle relaxant—collapses diaphragm/lungs)
Potassim Chloride (stops heart beat)
Usually pronounced dead approx. 7 minutes after LJ begins.
Cost per execution for drugs used: $86.08.
Cost of one appeal to Texas Ct. of Crim. Appls.: $40,000+
Average time on Death Row in TX: years (costs taxpayer 2.3 million$ per dp case)
Cost per year in prison per offender: $31,000.00

29. Is Lethal Injection, cruel & unusual?
Supreme Court considered last term, whether lethal injection is constitutional.
Case involves two death row inmates in Kentucky.
Inmates allege lethal injection is cruel and unusual punishment.
Method in question is used in 37 states.

30. Is Lethal Injection, cruel & unusual? THE CASE
Baze v. Rees (2008)
Sentenced to death in Kentucky
Argued that executing them by lethal injection would violate the Eighth Amendment prohibition of cruel and unusual punishment.
The governing legal standard required that lethal injection must not inflict "unnecessary pain”
Argued that the lethal chemicals Kentucky used carried an unnecessary risk of inflicting pain during the execution.
United States Supreme Court upheld the constitutionality of a particular method of lethal injection 
Baze and Bowling are still on death row

31. What happens if it doesn’t work the first time?
Recently - Clayton Darrell Lockett 
April 29, 2014
Suffered a heart attack after a failed execution by lethal injection
Although the execution was stopped, Lockett died 43 minutes after being sedated.
Groaned, convulsed, and spoke during the process and attempted to rise from the execution table fourteen minutes into the procedure, despite having been declared unconscious
Following Lockett's death, a fourteen-day stay of execution was granted for Charles Frederick Warner, an Oklahoma convict who had been scheduled for execution two hours after Lockett with the same combination of drugs.
21 Death Row inmates filed suit afterwards
U.S. District Judge Stephen P. Friot rejected arguments
Give larger dose

32. The courts have also ruled that if a sentence is inhuman, outrageous, or shocking to the social conscience, it is a cruel and unusual punishment under the 8th Amendment.
Such things as burning at the stake, castration, crucifixion, breaking on the wheel, cutting off body parts and so on, fall into this category.

33. What about these… cruel & unusual punishment?
Prisoners working on a chain gang?
Weems v. United States, the Supreme Court overturned a practice called cadena temporal, which ordered "hard and painful labor, shackling for the length of incarceration and severe civil restrictions”
Prisoners having to eat “the loaf?”
Prisoners not getting the type of cereal they want? Or crunchy v. creamy peanut butter?
Prisoners not getting adequate health care?
“3 strikes and you’re out” laws.
Ewing v. CA (2003)
American citizen's losing citizenship as punishment for a crime is cruel and unusual.

34. Is this cruel & unusual punishment?

35. Is this cruel & unusual punishment?

36. Is this cruel & unusual punishment?

37. The Debate over the Death Penalty and Limitations
some people believe all death penalties constitute a cruel and unusual punishment.
Others believe the death is an appropriate punishment in some cases.
Even so, the death penalty is considered "cruel and unusual" if there are mitigating factors that would prohibit death as a punishment

38. Those who CANNOT receive the Death Penalty
Thompson v. Oklahoma (1986)
Juveniles must be at least 16 years of age at the time of the crime, to receive the DP.
Roper v. Simmons (2004)
A person must now be at least 18 years of age at the time of the crime, to receive the DP.
ALSO… [in 2010] the Court ruled that a sentence of life without the chance for parole, for any crime besides murder, is cruel and unusual punishment if the accused is under the age of 18.
George Stinney
age 14
The youngest person executed in the United States in the 20th century.
Convicted in a 2- hour trial of the first-degree murder of two pre-teen white girls
Scott Allen Hain 
Executed – 2003 (age 32)
Was the last person executed in the United States for crimes committed as a minor.
Double murder–kidnapping he committed when he was 17 years old.
was convicted in a two-hour trial[2] of the first-degree murderof two pre-teen white girls: 11-year-old Betty June Binnicker, and 8-year-old Mary Emma Thames. However, nophysical evidence existed in the case, and the sole evidence against Stinney was the circumstantial fact that the girls had spoken with Stinney and his sister shortly before their murder, and the testimony of three police officers that Stinney had confessed. He was executed by electric chair.
Since Stinney's conviction and execution, the question of his guilt, the validity of his confession, and the judicial process leading to his execution have been criticized as "suspicious at best and a miscarriage of justice at worst."[3]
On December 17, 2014, his conviction was posthumously vacated 70 years after his execution
James Arcene (ca – June 18, 1885) was the youngest sentenced to death, who was subsequently executed for his crime,[1] in the United States. Arcene, a Cherokee man, was hanged by the U.S. federal government in Fort Smith, Arkansas for his role in a robbery and murder committed thirteen years earlier, when he was 10 years old

39. Those who CANNOT receive the Death Penalty
(Atkins v. VA, 2001)
Daryl Renard Atkins was convicted of abduction, armed robbery, and capital murder.
During Atkins' trial, the defense relied on one witness, a forensic psychologist, who testified that Atkins was mildly mentally retarded ( IQ of 59). 
Supreme Court - executing mentally retarded individuals violates the Eighth Amendment's ban on cruel and unusual punishments
states can define who has the disability (IQ less than 70.)

40. Those who CANNOT receive the Death Penalty
(Ford v. Wainwright, 1986)
In 1986, the Supreme Court ruled that states may not execute prisoners who are insane because they cannot comprehend why they are being punished. 
Alvin Bernard Ford was convicted of murder of police officer in 1974 and sentenced to death
In 1982, while on death row, Ford's mental health diminished to a point resembling paranoid schizophrenia
Ford began referring to himself as Pope John Paul III
Reported that he thwarted a vast Ku Klux Klan conspiracy to bury dead prisoners inside the prison walls
The Court also found the Florida procedure for sanity decisions flawed, and returned the Ford case to the lower courts.
In 1989, a Federal district judge ruled that Mr. Ford was in fact sane. Defense lawyers appealed that ruling, and the appeal was pending when Mr. Ford died.
Virtually every country in the world prohibits the execution of people with mental illness.
The National Association of Mental Health has estimated that five to ten percent of those on death row have serious mental illness.
Claimed he foiled an attempt by prison guards to torture his female relatives inside the prison
Claimed he would be personally appointing nine new justices to the Florida Supreme Court.
Claimed he was "free to go whenever [he] wanted", because Ford theorized that anyone who executed him would in turn be executed
Died of natural causes in his cell age 37

41. Those who CANNOT receive the Death Penalty
1. Juveniles. (Roper v. Simmons)
must now be 18 years old at the time of the crime
2. Intellectual Disability. (Atkins v. VA, 2001)
IQ less than 70- States Decide
3. Mentally insane
Can not comprehend why they are being punished

42. Capital Punishment
Governor has stopped the death penalty but not illegal