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8TH AMENDMENT

8TH AMENDMENT. BAIL & CRUEL AND UNUSUAL PUNISHMENT. Purposes of Bail Clause. Prevents a court from setting bail so high a person can’t obtain it. Cruel and Unusual Punishment. Determined by two guidelines. Cruel and Unusual Punishment.

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8TH AMENDMENT

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  1. 8TH AMENDMENT BAIL & CRUEL AND UNUSUAL PUNISHMENT

  2. Purposes of Bail Clause • Prevents a court from setting bail so high a person can’t obtain it

  3. Cruel and Unusual Punishment • Determined by two guidelines

  4. Cruel and Unusual Punishment • 1. Can’t involve the unneces-sary and wanton infliction of pain: torture such as the follow-ing but not limited to - dragging, disemboweling, beheading, dissecting, burning alive

  5. Cruel and Unusual Punishment • 2. Punishment can’t be out of proportion to the crime: example: exp: person got life for $100 bad check after seven previous felonies (Solem v. Helm)

  6. Death Penalty • Outlawed in U.S. in 1972 in Furman v. GA by 5-4 • problem: application

  7. Furman: Reasons against • 1. Primarily against minorities • 2. Used disproportionately against blacks, poor, unpopular • 3. Blacks more likely to receive death penalty for rape

  8. Furman: Reasons against • 4. Wealthy rarely executed • 5. Denies a person humanity • 6. Unequally applied • 7. Morally wrong • 8. Most people opposed to it

  9. Furman: Reasons against • 9. Does not deter crime • 10. Not more retributive than life in prison • 11. An innocent person may be wrongly executed

  10. Furman: Arguments for • 1. Historical use • 2. Society not opposed to it • 3. Rare imposition shows discretion in application • 4. Not opposed by Founding Fathers

  11. Furman: Arguments for • 5. Decision should be by legislatures of states not court • 6. Discrimination less likely today in application • 7. Proper retribution • 8. Deters at least some people

  12. Results • 1. Limited to homicide • 2. Penalty phase to trials

  13. Capital Punishment • States without capital punish-ment: AK, ME, MN, VT, HI, MA, ND, WV, IA, MI, RI, WI, AND DC • States with it: rest plus U.S. and military

  14. Death Row Inmates Total #: 3549 Females: 48

  15. States with d.p. no executions • CT, KS, NH, NJ, NM, NY( law took effect on 01 Sept 95), OH, SD, TN, U.S. GOV’T, U.S. MILITARY

  16. 14th Amendment • DUE PROCESS OF LAW • FAIRNESS IN THE LEGAL SYSTEM • POSSIBLY MOST WIDELY USED IN THE CRIMINAL JUSTICE SYSTEM

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