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8TH AMENDMENT BAIL & CRUEL AND UNUSUAL PUNISHMENT.

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Presentation on theme: "8TH AMENDMENT BAIL & CRUEL AND UNUSUAL PUNISHMENT."— Presentation transcript:

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2 8TH AMENDMENT BAIL & CRUEL AND UNUSUAL PUNISHMENT

3 Purposes of Bail Clause Prevents a court from setting bail so high a person cant obtain it

4 Cruel and Unusual Punishment Determined by two guidelines

5 Cruel and Unusual Punishment 1. Cant 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

6 Cruel and Unusual Punishment 2. Punishment cant be out of proportion to the crime: example: exp: person got life for $100 bad check after seven previous felonies (Solem v. Helm)

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

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

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

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

11 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

12 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

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

14 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

15 Death Row Inmates Total #: 3549 Females: 48

16 States with d.p. no executions CT, KS, NH, NJ, NM, NY( law took effect on 01 Sept 95), OH, SD, TN, U.S. GOVT, U.S. MILITARY

17 14 th Amendment DUE PROCESS OF LAW FAIRNESS IN THE LEGAL SYSTEM POSSIBLY MOST WIDELY USED IN THE CRIMINAL JUSTICE SYSTEM


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