CRIM PRO - 8th Amendment Cruel & Unusual Punishment

Question 1

8th Amendment Cruel & Unusual Punishment - Foundational Statement

Answer 1

The 8th Amendment, applied to the states through the 14th Amendment Due Process Clause, prohibits punishment that is cruel and unusual.

In determining what is cruel and unusual, the Court considers the “evolving standards of decency that marks the progress of a maturing society.”

Question 2

8th Amendment Cruel & Unusual Punishment - Rule Against Excessive Punishment

Answer 2

No punishment which is:

1. barbaric - excessive for any crime, or
2. grossly disproportionate to the crime

Question 3

8th Amendment Cruel & Unusual Punishment - Rule re: Mentally Retarded & Juveniles & Death Penalty

Answer 3

8th Amendment Cruel & Unusual Punishment clause prohibits he execution of persons who committed crimes when they were juveniles or are mentally retarded.

Question 4

8th Amendment Cruel & Unusual Punishment - Rule re: Co-Felons & Death Penalty

Answer 4

Only the actual killer may be executed consistent with this clause, not the co-felon who did not actually commit the crime.

Question 5

8th Amendment Cruel & Unusual Punishment - Death Penalty Murder Only Rule

Answer 5

The death penalty is reserved for crimes in which the defendant takes the victim’s life only, not even heinous crimes in which death does not result.