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The Eighth Amendment Copyright and Terms of Service Copyright © Texas Education Agency, 2011. These materials are copyrighted © and trademarked ™ as the property of the Texas Education Agency (TEA) and may not be reproduced without the express written permission of TEA, except under the following conditions: 1) Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts’ and schools’ educational use without obtaining permission from TEA. 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only, without obtaining written permission of TEA. 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way. 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts, Texas Education Service Centers, or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from TEA and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty. Contact TEA Copyrights with any questions you may have. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 2 The Eighth Amendment • The Eighth Amendment states that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 3 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 4 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 5 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 6 Excessive Bail Clause (continued) Limits excessive fines – the amount that the state and the federal governments may fine a person for a particular crime Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 7 Part 2: U.S. Supreme Court decisions based on the Eighth Amendment 8 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 9 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. Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 10 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 11 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 12 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 13 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 14 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 15 Specific Punishments Outlawed by the U.S. Supreme Court (continued) • Robinson v. California (1962) – incarcerating a person for being a drug addict is unconstitutional Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 16 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 17 Specific Punishments Outlawed by the U.S. Supreme Court (continued) • Atkins v. Virginia (2002) – executing the mentally retarded is unconstitutional Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 18 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 19 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 20 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 21 Specific Punishments Upheld by the U.S. Supreme Court (continued) – In re Kemmler (1890) – death by electrocution is not cruel and unusual Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 22 Specific Punishments Upheld by the U.S. Supreme Court (continued) • Baze v. Rees (2008) – death by lethal injection is not cruel and unusual Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 23 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 24 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 Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 25 Appeals • Convicted persons would have to file an appeal to a higher court if they believe that their punishment violates the Eighth Amendment Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 26 Resources • http://en.wikipedia.org/wiki/Eighth_Amendment_to _the_United_States_Constitution • http://law.jrank.org/pages/5907/Cruel-Unusual- Punishment.html • http://deathpenalty.procon.org/view.resource.php?r esourceID=001769 • Do an Internet search for the following – legal dictionary eighth amendment – solitary watch supreme court cases Copyright © Texas Education Agency 2011. All rights reserved. Images and other multimedia content used with permission. 27.
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