14. Cruel and Unusual Punishment

Question 1

Death Penalty, what amendment?

Answer 1

o 8th Amendment prohibites cruel and unusual punishment, which bars punishment that is grossly disproportionate to the offense

♣ Death penalty is permitted under 8th Amendment prohibition on cruel and unusual punishment

Question 2

Death Penalty Requirements:

Answer 2

• 1. Statute allowing death penalty must not be unconstitutionally vague
• 2. Jury must be allowed to consider mitigating circumstances
• 3. There must be at least one “aggravating circumstance” supporting the sentence

Question 3

Death penalty cannot be imposed if:

Answer 3

o 1. D was under 18 years old when the crime was committed

o 2. D is mentally disabled

o 3. D is insane at the time of execution or

o 4. Conviction was for felony murder and either

♣ D was not a major participant or
♣ D did not act with depraved indifference to human life