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8 th Amendment No excessive bail or fines No cruel and unusual punishment.

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Presentation on theme: "8 th Amendment No excessive bail or fines No cruel and unusual punishment."— Presentation transcript:

1 8 th Amendment No excessive bail or fines No cruel and unusual punishment

2 Is this cruel & unusual punishment? Prisoners working on a chain gang? Prisoners working on a chain gang? Prisoners having to eat “the loaf?” Prisoners having to eat “the loaf?” Prisoners not getting the type of cereal they want? Or crunchy v. creamy peanut butter? Prisoners not getting the type of cereal they want? Or crunchy v. creamy peanut butter? Prisoners not getting adequate health care? Prisoners not getting adequate health care? “3 strikes and you’re out” laws. “3 strikes and you’re out” laws. Ewing v. CA (2003) Ewing v. CA (2003) Ewing v. CA (2003) Ewing v. CA (2003)

3 Is this cruel & unusual punishment?

4 GEORGIA SUPREME COURT S07A1606. WILSON v. THE STATE. Decided: October 26, 2007 “We conclude that the habeas court properly ruled that Wilson’s sentence of ten years in prison for having consensual oral sex with a fifteen-year-old girl when he was only seventeen years old constitutes cruel and unusual punishment.” Cruel & Unusual Punishment for Teen in Georgia

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6 Methods Explained

7 Supreme Court Cases Furman v. Georgia (1972) Furman v. Georgia (1972) Death penalty in this case is Unconstitutional. Death penalty in this case is Unconstitutional. It was being used indiscriminately against blacks. It was being used indiscriminately against blacks. States must do 2 things: States must do 2 things: Allow defendant to show all evidence of why they should not received the DP, in the punishment phase. Allow defendant to show all evidence of why they should not received the DP, in the punishment phase. Have an automatic appeal. Have an automatic appeal.

8 Supreme Court Cases Gregg v. Georgia (1976) Gregg v. Georgia (1976) Death penalty in this case IS Constitutional. Death penalty in this case IS Constitutional. And…Texas got after it after that! And…Texas got after it after that!

9 The Death Penalty Is it cruel and unusual punishment? Thursday, 23 August, 2007 Thursday, 23 August, 2007 Texas carried out its 400th execution since the US Supreme Court reintroduced the death penalty in Texas carried out its 400th execution since the US Supreme Court reintroduced the death penalty in Conner asked for forgiveness before he was put to his death.

10 Death Penalty and Juveniles Thompson v. Oklahoma (1986) Thompson v. Oklahoma (1986) Juveniles must be at least 16 years of age at the time of the crime, to receive the DP. Juveniles must be at least 16 years of age at the time of the crime, to receive the DP. Stanford v. Kentucky (1989) Stanford v. Kentucky (1989) Upheld Thompson—16 still the rule. Upheld Thompson—16 still the rule. Roper v. Simmons (2004) 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. A person must now be at least 18 years of age at the time of the crime, to receive the DP.

11 Those who CANNOT receive the DP Juveniles. (Roper v. Simmons) Juveniles. (Roper v. Simmons) Mentally retarded. (Atkins v. VA, 2001) Mentally retarded. (Atkins v. VA, 2001) Mentally insane. Mentally insane.

12 Texas dumps the electric chair in 1977 & moves to lethal injection. Lethal injection in Texas consists of: Lethal injection in Texas consists of: Sodium Thiopental (lethal dose—sedates person) Sodium Thiopental (lethal dose—sedates person) Pancuronium Bromide (muscle relaxant— collapses diaphragm and lungs) Pancuronium Bromide (muscle relaxant— collapses diaphragm and lungs) Potassim Chloride (stops heart beat) Potassim Chloride (stops heart beat) Usually pronounced dead approx. 7 minutes after LJ begins. Usually pronounced dead approx. 7 minutes after LJ begins. Cost per execution for drugs used: $ Cost per execution for drugs used: $ Cost of one appeal to Texas Ct. of Crim. Appls.: $40,000+ Cost of one appeal to Texas Ct. of Crim. Appls.: $40,000+ Average time on Death Row in TX: years. Average time on Death Row in TX: years. Cost per day in prison per offender: $62.00 Cost per day in prison per offender: $62.00

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

14 Is Lethal Injection, cruel & unusual? Baze v. Rees (2008) Baze v. Rees (2008) Supreme Court’s decision in this case—video (click this link) Supreme Court’s decision in this case—video (click this link) Supreme Court’s decision in this case—video (click this link) Supreme Court’s decision in this case—video (click this link)

15 Can the death penalty be given to a child molester? Kennedy v. Louisiana (2008) Kennedy v. Louisiana (2008)


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