13. Punishment

Question 1

Eighth Amendment standard:

Answer 1

The Eighth Amendment prohibition against cruel and unusual punishment disallows criminal penalties that are grossly disproportionate to the seriousness of the offense committed.

Question 2

Statutory limit on the death penalty

Answer 2

A death penalty statute would violate the Eighth Amendment if it created an automatic category for the imposition of the death penalty.

Question 3

Evidentiary requirement for imposing the death penalty

Answer 3

In deciding whether to impose the death penalty, jurors must be allowed to consider all potentially mitigating evidence.

Question 4

The Eighth Amendment prohibits the imposition of the death penalty:

Answer 4

(1) against defendants with mental retardation
(2) against defendants who are presently insane
(3) against defendants who were under the age of 18 at the time the relevant offense occurred (not their present age)
(4) on crimes against individual persons, e.g., child rape, where the victim did not die