8th Amendment

Question 1

8A Cruel and Unusual Punishments

Answer 1

8A prohibits cruel and unusual punishment, which bars punishment that is grossly disproportionate to the offense
-Death penalty is permitted under 8A prohibition on cruel and unusual punishment

Question 2

8A-Grossly disproportionate

Answer 2

E.g. life sentence for minor vandalism
-Life without parole is not permissible for juveniles convicted of non-homicide crimes

Question 3

8A-Death Penalty requirements

Answer 3

May only be used at sentencing if the victim dies as a result of D’s crime

Requirements:
1) Statute allowing death penalty must not be unconstitutionally vague
2) Jury must be allowed to consider mitigating circumstances
-E.g. D’s abusive childhood, mental impairment, etc.
3) There must be at least one “aggravating circumstance” (e.g. prior convictions) supporting the sentence

Question 4

8A-Death Penalty limitations

Answer 4

Death penalty cannot be imposed if either:
a) D was under 18 years old when the crime was committed
b) D is mentally disabled
c) D is insane at the time of execution, or
d) The conviction was for felony murder; and either:
i) D was not a major participant, or
ii) D did not act with depraved indifference to human life