13. Cruel & Unusual Punishment (8A)

Question 1

What is the purpose of the Eighth Amendment?

Answer 1

Prohibit cruel and unusual punishment by placing several limitations upon penalties grossly disproportionate to the seriousness of the offence
- Sentence should be similar to sentences of other similarly situated criminals

Question 2

What is required for death penalty for murder not to be cruel and unsual punishment?

Answer 2

1) Statutory scheme
2) Reasonable discretion to judge/jury re mitigating factors
3) NOT arbitrary/discriminatory procedure for review
4) Allow jury instructions on ALL lesser included offences
5) Allow jury to find evidence of at least one aggravating circumstance

Question 3

Can a death penalty be imposed for rape?

Answer 3

No

• Woman
• Child (UNLESS intent/death)

Question 4

Can a death penalty be imposed for felony murder?

Answer 4

1) Felony murderer did NOT;
- Kill
- Intend to kill
- Attempt to kill

2) Felony murderer played ‘major’ participation
3) Felony murderer acted with reckless indifference to value of human life

Question 5

Can a death penalty be imposed for defendant who is insane?

Answer 5

No

1) Defendant must be sane at time of committing crime
2) Defendant must be insane at time of execution

Question 6

Can a death penalty be imposed for defendant who is intellectually disabled?

Answer 6

No

Question 7

Can a penalty be imposed for defendant who is minor (under 18)?

Answer 7

Death penalty: No
- D must be under 18 at time of committing the crime

Life penalty: Yes
- D must be given possibility of parole

Question 8

Can a statute making criminal a given status be allowed?

Answer 8

No

• Punishes for mere propensity to engage in dangerous behaviour
• UNLESS making criminal a specific activity related to the given status

Question 9

Can a trial judge consider perjury during testimony to determine sentences?

Answer 9

Yes

Question 10

Does 8A apply towards states?

Answer 10

Yes (via 14A)

Question 11

Can the court impose harsher penalties for repeat offenders?

Answer 11

Yes

Question 12

Can the court incarcerate a defendant for failing to pay fines?

Answer 12

No

Question 13

Can death penalties be imposed for an offence against the state?

Answer 13

Yes

Question 14

Can a death penalty be imposed if disproportionately used on one race?

Answer 14

Yes

- UNLESS discriminatory intent involved