Eighth Amendment

Question 1

Bail

Answer 1

The Eighth Amendment requires that bail shall not be excessive or unduly high based on several factors, including the following:

1. The seriousness of the offense;
2. The weight of the evidence against the defendant;
3. The defendant’s financial abilities; and
4. The defendant’s character.

Question 2

Cruel and unusual punishment

Answer 2

The Eighth Amendment prohibits cruel and unusual punishment by preventing the penalty imposed on the defendant from being grossly disproportionate to the seriousness of crime.

1. A defendant cannot be sentenced to death if: a. At least one juror finds the defendant is mentally retarded; or b. He is a minor at the time of the crime.
2. Victim impact statements during the penalty phase do not violate a defendant’s Eighth Amendment right against cruel and unusual punishment.
3. Mitigating circumstances: When considering a death penalty, the jury shall consider mitigating circumstances such as the defendant’s age, capacity, previous criminal liability, duress, other defendants’ involvement, and any other factors that mitigate against imposition of a death sentence.