1. Supreme Court Summer Institute for Teachers

2. The Eighth Amendment
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
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3. The Eighth Amendment and Cruel and Unusual Punishment
Two general classes of Supreme Court cases:
The punishment is excessive for this defendant (given his particular crime)
The punishment is excessive for all similarly situated defendants (categorical exclusions)
© Street Law, Inc. 2012

4. The punishment is excessive for this defendant:
Consider all circumstances of the case to determine whether the sentence is unconstitutionally excessive for the crime committed
For example:
Life without parole for a defendant’s seventh non-violent felony, passing a worthless check is not allowed (Solem v. Helm (1983))
BUT, it is usually very difficult to show disproportionality and some justices won’t even consider it as a factor
Life without parole for the possession of 650 grams of cocaine with no prior felony convictions is allowed (Harmelin v. Michigan (1991))
© Street Law, Inc. 2012

5. The punishment is excessive for all similarly situated defendants (categorical exclusion):
When crafting a categorical exclusion, the Court engages in a two-part test:
Is there a national consensus against this kind of punishment?
“The [Eighth] Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.”
Earl Warren, Trop v. Dulles (1958)
Does the punishment violate the Constitution given the Court’s precedents and interpretation of the Eighth Amendment’s text, history, meaning, and purpose?
© Street Law, Inc. 2012

6. Categorical Exclusions of the Eighth Amendment
Extreme punishment has been prohibited based on…
The crime committed:
No executions for non-homicide crime
(Kennedy v. Louisiana (2008))
A characteristic of the offender:
No executions if under age 18 at time of offense (Roper v. Simmons (2005))
No executions if low intellectual functioning (Atkins v. Virginia (2002))
A combination of
both:
No life without parole for non-homicide crime if under 18 at time of offense (Graham v. Florida (2010))
© Street Law, Inc. 2012

7. Supreme Court Summer Institute for Teachers