Eighth Amendment by B7YhrSV

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									Eighth Amendment

“Excessive bail shall not be required,
nor excessive fines imposed, nor cruel
 and unusual punishment inflicted.”
               Definition
        It indicates the moral guidelines
underlying the punishment of criminals. Only
 the proven guilty should be punished and
  their punishment must reflect the moral
 purposes of the rule of law in our society.
Though the rule of law is often complex and
imperfect, it is necessary for an orderly and
moral society. If a punishment is "cruel and
 unusual," it violates the moral purposes of
                    the law.
       Why It Came About
While drafting the Constitution there was
 controversy about the issue of punishing
  criminals. Some said “it is sometimes
   necessary to hang a man” but most
  Americans wanted to copy the English
  Bill of Rights of 1689 giving a right of
     freedom from cruel and unusual
               punishment.
   Forms of Cruel and Unusual
          Punishment
• Firing Squad

•Stoning
•Hanging
•Gas Chamber
•Lethal Injection
•Electric Chair
  The process of using a firing
squad is many men are lined
  up all holding loaded guns.
Only one contains the bullet.
    The rest are loaded with
                       blanks.




                            This form is no longer legal in
                            the US. It involves throwing
                            stones at a person until they
                            are beaten to death.
              The victim is strung around the neck by a
              noose. Then a trapdoor is opened or a
              person is thrown off a cliff, and then left
              to die of asphyxia or of a broken neck
              depending on the length of the rope.




           The victim is placed in a sealed
    “container” where cyanide gas is then
 filtered into the chamber. The person is
monitored from the outside until they die
                         from suffocation.
The prisoner is strapped to an
execution table. Technicians
insert a 14 gauge catheter into a
vein in each arm and they are
then flushed out with Heperin
solution to prevent clotting in the
tube. The technician then injects
3 chemicals (Sodium thiopental,
Pancuronium bromide, and
                                       Prisoner is strapped to a chair,
Potassium chloride) with a pause
                                       with one electrode attached to
between each to clean the tubing.
                                      the head and another to the leg.
Takes 3-5 min.
                                        An initial voltage of energy
                                       breaks the initial resistance of
                                             the skin and causes
                                       unconsciousness. The voltage
                                         is then lowered to prevent
                                         burning. (usually 8 amps).
 •Incarceration based only on a
  physical or mental condition.
 •Giving a 14-year sentence for
 assault with a deadly weapon.
•Requiring someone who exposed
  himself in a non-threatening
   manner to register as a sex
            offender.
•Life imprisonment for passing a
    bad check, which was the
 defendant's seventh non-violent
              felony.
                  Furman v. Georgia

In 1972, the Supreme Court decided that the death penalty was
unconstitutional because of racial discrimination.
• Furman was robbing a home when a resident discovered him. He
tried to run, but the gun went off and killed the resident.
• Furman was convicted of murder, and sentenced to death.
• The court held that the death penalty was cruel and unusual
punishment because of the way it was imposed at that time.
• The court’s decision forced states to rethink the statutes so that
the death penalty would not be administered in a discriminatory
way.
          Gregg v. Georgia
   In 1976, the death penalty was reinstated
  because of changed jury procedures.
• The court held that a punishment of death did
  not violate the 8th and 14th amendments under
  all circumstances.
• The solution was that the trial and the
  sentencing were conducted separately.
                        Statistics
• States allowing capital punishment                          38
• U.S. average annual executions (1930s)                     167
• Supreme Court decision reinstating capital punishment      451
•   Death row prisoners executed each year                 2%
•   Juveniles on death row                                  67
•   Authorized execution methods in U.S.                     5
•   Estimated cost of executing a prisoner            $3.5 mill
• Maximum cost of imprisoning a criminal for life         $1 mill
          Bibliography
• http://www.2facts.com/ICOF/temp
  /42273tempin030901.asp
• http://www.oyez.org/oyez/resourc
  e/case/131/
• http://en.wikipedia.org/wiki/Allen_
  Lee_Davis
• http://www.amnestyusa.org/abolis
  h/greggvgeorgia/

								
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