8th amendment Flashcards
1
Q
8th amendment
A
prohibits cruel and unusual punishment, which bars punishment that is grossly disproportionate to the offense
The Supreme Court has held that if a defendant is being deprived of basic human needs in the course of his punishment, the punishment is cruel and unusual. This includes things like access to hot showers, soap, toothpaste, and an environment that is not infested with vermin.
2
Q
death penalty
A
may only be used at sentencing if the victim dies as a result of D’s crime
cannot be imposed if:
-D was under 18 when crime was committed
-D is mentally diabled
