Punishment

Question 1

8th Amendment

Answer 1

Prohibits cruel and unusual punishment

Question 2

Individuals that Cannot Receive the Death Penalty under 8th

Answer 2

1. Mentally retarded
2. Presently insane
3. D’s who were under the age of 18 at time offense occurs

*** Also violates 8th to impose life sentence w/out poss. of parole for those under age of 18 at time offense occurred.

Question 3

Limitations on Death Penalty by 8th Amendment

Answer 3

1. Cannot create a statute that imposes an automatic category for death penalty
2. Jurors, in deliberating on death penalty, must consider all potentially mitigating evidence