2.   excessive bail shall not be required,  nor excessive fines imposed,  nor cruel and unusual punishments inflicted. The Text:

3.   Several of the concepts used in this amendment, as well as a considerable number of its most significant words and phrases, date back to the Bill of Rights passed in England in 1689.  The phrase “cruel and unusual punishment” was first used in America in 1776, in Virginia’s Declaration of Rights. The History:

4.   When the United States Constitution was ratified in 1788, it was recommended by the Virginia convention that the same language should be incorporated into the U.S. document. Patrick Henry and George Mason, among other Virginians, intended that the restriction should also bind Congress, since otherwise, that body could simply inflict cruel punishments rather than them being imposed by the courts. History Continued

5.   Henry and Mason’s other main line of argument was that, without a provision of this sort, Congress might replace the common law which the U.S. had largely inherited from Britain, and replace it with civil law of the type practiced in countries such as Spain and France.  Patrick Henry, in particular, was anxious to show that the ancestors Americans should revere would not have allowed torture and barbarity to exist in their lands.  The controversy over the issue was substantial, but the 8th Amendment went before Congress in 1789 and was adopted two years later. History Continued

6.   The amendment’s Bail Clause came about as a result of injustices perpetrated in England, where judges often abused their power in determining whether bail should be allowed to suspects.  After a number of unsuccessful attempts at reforming the law, the English Bill of Rights in 1689 specifically outlawed excessive bail, although it did not specify precisely which offenses should or should not qualify as bailable.  The U.S. Supreme Court held in 1987 that the 8th Amendment’s bail clause had only one meaning: that bail conditions, when compared with the magnitude of the alleged crime, should not be excessive. Excessive Bail

7.   United States vs. Bajakajian in 1998.  The man in question had taken more than the maximum permitted $10,000 of U.S. currency out of the country without reporting it as the law required, and was fined over $350,000 as a result.  The Supreme Court ruled that this fine was so disproportionate that it went against the amendment’s Excessive Fines Clause.  This was the first time in over two hundred years of the 8th Amendment’s existence that this clause had been found to have been violated. Excessive Fines

8.   Under the terms of the 8th Amendment, as interpreted by the United States Supreme Court, certain punishments are considered barbaric by definition and are therefore prohibited in all circumstances.  These include disembowelment and burning alive. Cruel and Unusual

9.   In the 21st century, the Supreme Court has extended this prohibition to cover the execution of those below 18 years of age and of those who suffer from a mental handicap.  These more recent extensions were the subject of bitter debate and proved highly controversial. Cruel and Unusual

10.   The Supreme Court has also ruled that other punishments should be considered cruel and unusual under specific circumstances.  In particular, the Court has said that a principle of proportionality must be adhered to.  The 1958 case of Trop vs. Dulles established that the removal of a person’s U.S. citizenship was unconstitutional, on the grounds that it meant that person’s “total destruction” as a member of society. Cruel and Unusual

11.   Death Penalty  Furman vs. Georgia 1972 Cruel and Unusual

12.   Furman was burglarizing a private home when a family member discovered him. He attempted to flee, and in doing so tripped and fell. The gun that he was carrying went off and killed a resident of the home. He was convicted of murder and sentenced to death (Two other death penalty cases were decided along with Furman: Jackson v. Georgia and Branch v. Texas. These cases concern the constitutionality of the death sentence for rape and murder convictions, respectively). Furman vs. Georgia

13.   Does the imposition and carrying out of the death penalty in these cases constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments?  Yes, but it is complicated Question

14.   The Court's one-page per curiam opinion held that the imposition of the death penalty in these cases constituted cruel and unusual punishment and violated the Constitution.  In over two hundred pages of concurrence and dissents, the justices articulated their views on this controversial subject.  Only Justices Brennan and Marshall believed the death penalty to be unconstitutional in all instances. Furman vs. Georgia

15.   Other concurrences focused on the arbitrary nature with which death sentences have been imposed, often indicating a racial bias against black defendants.  The Court's decision forced states and the national legislature to rethink their statutes for capital offenses to assure that the death penalty would not be administered in a capricious or discriminatory manner  The death penalty was put on hold The result

16.   Death Penalty – again  Gregg vs. Georgia 1976. Cruel and Unusual

17.   A jury found Gregg guilty of armed robbery and murder and sentenced him to death. On appeal, the Georgia Supreme Court affirmed the death sentence except as to its imposition for the robbery conviction.  Gregg challenged his remaining death sentence for murder, claiming that his capital sentence was a "cruel and unusual" punishment that violated the Eighth and Fourteenth Amendments. Gregg vs. Georgia

18.   In a 7-to-2 decision, the Court held that a punishment of death did not violate the Eighth and Fourteenth Amendments under all circumstances.  In extreme criminal cases, such as when a defendant has been convicted of deliberately killing another, the careful and judicious use of the death penalty may be appropriate if carefully employed. Georgia's death penalty statute assures the judicious and careful use of the death penalty by requiring a bifurcated proceeding where the trial and sentencing are conducted separately, specific jury findings as to the severity of the crime and the nature of the defendant, and a comparison of each capital sentence's circumstances with other similar cases.  Moreover, the Court was not prepared to overrule the Georgia legislature's finding that capital punishment serves as a useful deterrent to future capital crimes and an appropriate means of social retribution against its most serious offenders. The result

19.   From 1976 to today, more than 1200 offenders have been put to death in the United States.  During this same period, almost 140 convicts on death row have been exonerated of their crimes.  The number of individuals on death row that have been exonerated is almost 12% of the total number of offenders executed. The death penalty today

20. Legend (Dark Blue) Abolished for all crimes: 102 countries (Green) Abolished for all crimes except under exceptional/special circumstances such as crimes committed in wartime: 6 (Brown) Not used in practice (under a moratorium or have not used capital punishment in at least 10 years): 50 (Red) Continue to use the death penalty in law and practice: 37

21.   http://www.deathpenaltyinfo.org/state-lethal- injection http://www.deathpenaltyinfo.org/state-lethal- injection  http://news.nationalgeographic.com/news/2013/1 3/130412-death-penalty-capital-punishment-culture- amnesty-international/ http://news.nationalgeographic.com/news/2013/1 3/130412-death-penalty-capital-punishment-culture- amnesty-international/  http://www.pbs.org/video/1618590505/ http://www.pbs.org/video/1618590505/  Death by Fire The death penalty today

22.   http://deathpenalty.procon.org/view.answers.php? questionID=000983 http://deathpenalty.procon.org/view.answers.php? questionID=000983  http://www.deathpenaltyinfo.org/discussion- recent-deterrence-studies http://www.deathpenaltyinfo.org/discussion- recent-deterrence-studies  http://www.heritage.org/research/testimony/the- death-penalty-deters-crime-and-saves-lives http://www.heritage.org/research/testimony/the- death-penalty-deters-crime-and-saves-lives death penalty is a deterrent

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