8th Amendment Cruel & Unusual Punishment

Question 1

8th Amendment

Answer 1

The 8th Amend prohibits cruel and unusual punishment, which bars punishment that is grossly disproportionate to the offense

• Death penalty is permitted under 8th Amend prohibition on cruel and unusual punishment

Question 2

Grossly Disproportionate

Answer 2

Life sentence for minor vandalism

• Life without parole is not permissible for juveniles convicted on non-homicide crimes

Question 3

Death Penalty - 3 Requirements

Answer 3

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

Death Penalty - 4 Limitations

Answer 4

Death penalty cannot be imposed if either:

1) D was under 18 years old when the crime was committed

2) D is mentally disabled,

3) D is insane at the time of execution, or

4) 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

Question 5

Burden of Proof & Sufficiency of Evidence - General

Answer 5

The 14th Amend DPC requires that the govt. prove guilt beyond a reasonable doubt in all criminal cases

Question 6

Burden of Proof & Sufficiency of Evidence - Proving Guilt

Answer 6

Prosecution must prove all elements of every crime charged beyond a reasonable doubt

Question 7

Burden of Proof & Sufficiency of Evidence - Who holds the Burden?

Answer 7

Burden is always on the Prosecution
- cannot be changed (e.g. a state law shifting burden onto D to prove he is not guilty is unconstitutional)

Burden is on D to prove affirmative defenses

Question 8

Burden of Proof & Sufficiency of Evidence - When is a conviction is valid?

Answer 8

A conviction is valid unless no rational judge or jury, viewing evidence in light most favorable to prosecution, would convict D

Question 9

Burden of Proof & Sufficiency of Evidence - Jury Instructions & Mandatory Presumptions

Answer 9

Judge cannot give mandatory jury instructions on elements of a charged crime

• Requiring jury to make a presumption regarding an element of the charged crime violates due process

e.g. in murder trial where body was never found , cannot instruct jury to presume that a missing person is presumed dead