Eighth Amendment: Civil Rights and Liberties

1. Eighth Amendment: Civil Rights and Liberties Savannah Schwienteck & Shelby Ridley

2. Eighth Amendment “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” • Prohibition of cruel and unusual punishment; prohibits excessive bails or fines on the accused • The Eighth Amendment is not clear • U.S. Constitution does not constitute what is “excessive” or what punishment is “cruel” or “unusual…” leaves it open to judicial interpretation

3. Eighth Amendment • The Excessive Bail Clause • Bail is an amount the courts may require an accused to furnish as security to ensure the accused person’s appearance for trial • Prevents the court from requiring unreasonably large amounts of money for bail

4. Eighth Amendment • The Excessive Fine Clause • When an individual is charged with a fine, it shouldn't be excessive • The fines shouldn't be out of proportion with the type of crime committed

5. Eighth Amendment • Cruel and Unusual Punishment Clause • This section is meant to prevent horrible punishments • The punishment should be in proportion with the crime committed

6. Eighth Amendment • Underlying Principles • The punishment should fit the crime • Allow fines that do not violate due process (fair treatment) by resulting in a loss of property

7. Eighth Amendment • Framers were debating whether burning, hanging, strangling, or branding was an acceptable form of punishment (got idea from English Bill of Rights) • Needed the Amendment to limit power of federal government who had the power to create federal crimes and punish those who committed them • From objections of the people, the Constitution was amended to prohibit cruel and unusual punishments

8. Eighth Amendment • Currently, punishment such as branding would definitely be deemed “cruel and unusual” • The interpretation has evolved over time • The Supreme Court’s stance on the Amendment is that it will follow what the society believes to be decent as time changes

9. Eighth Amendment • Has evolved to not just apply to criminals… corporal punishment • Physically punishing students (i.e. spanking, caning)

10. What falls under the “umbrella;” up to the interpretation of the Court

11. Furman v. Georgia (1972) Facts: • Furman, a black man, was burglarizing a private home when a family member discovered him • He attempted to escape and tripped • A gun he was carrying went off and killed a resident of the home • He was convicted of murder and sentenced to death • Furman appealed his execution because the nature of the purpose of the death penalty was not defined and varied from state to state.

12. Furman v. Georgia (1972) Issue: • Does the imposition and carrying out of the death penalty in these cases constitute cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments? Holding: • Yes, the death penalty in cases like this does constitute cruel and unusual punishment.

13. Furman v. Georgia (1972) Reasoning: • Per Curiam opinion; yes, the imposition of the death penalty in these cases constituted cruel and unusual punishment because it was in violation of the Eighth and Fourteenth Amendment. • 5-4 ruling

14. Furman v. Georgia (1972) • The punishment did not fit the crime • The death penalty is considered excessive for theft, shooting the owner was an accident • Death penalty on the basis of race was in violation of the 14th Amendment • Death was a denial of human dignity and therefore was in violation of the 8th and 14th Amendment • Death is not necessary for the protection of society

15. Furman v. Georgia (1972) • The death penalty is in complete contrast with society's idea of humanity • There is no rational explanation concluding that capital punishment is not excessive and therefore violates the Eighth Amendment

16. Constitutional Principles in Furman v. Georgia • Eighth Amendment: • Cruel and Unusual Punishment clause • Fourteenth Amendment: • Equal Protection Clause: “Nor shall any state … deny to any person within its jurisdiction equal protection of the laws.” • Minorities receive the same protection under any law

17. Significance of Furman v. Georgia (1972) • The Supreme Court ruled in Furman’s favor declaring that unless there is a set of policy to determine who is eligible, the death penalty will be deemed cruel and unusual • Further emphasizes federalism and supremacy clause • States have the ability to determine when and how the death penalty can be used provided it doesn’t contradict federal power

18. Significance of Furman v. Georgia (1972) • The Court’s decision forced states to assure the death penalty would not be administered in a discriminatory manner

19. Impact of Constitutional Interpretation • Forced all of the state legislatures to go back and reevaluate their judicial process and criminal procedures • Wanted to ensure that the death penalty was not being used in a discriminatory manner given that there were more minorities and people from lower socioeconomic classes being sentenced with the death penalty

20. Impact of Constitutional Interpretation • By 1976 the Court ruled in Gregg v. Georgia the punishment of death did not violate the Eighth and Fourteenth Amendment under all circumstances • Application to state death penalty statues over time

21. Coker v. Georgia (1977) • Argued - March 28, 1977 Decided- June 29,1977 Facts- Erlich Anthony Coker, served a number of prior murder, rape, kidnapping, and assault charges. • In 1974 he escaped from Ware Correctional Institution • He broke into a Georgia couples home tied up the man stole his keys and money. • Rapes the women and steals the owners car.

22. Coker v. Georgia (1977) • Issue- Was the imposition of the death penalty for the crime of rape a form of cruel and usual punishment or violation of the Eighth Amendment? • Holding-Yes, the sentence to the death penalty for the crime of rape was in violation of the Eighth Amendment.

23. Coker v. Georgia (1977) • Reasoning • The 7-2 court decision prompted that the death penalty was “grossly disproportionate”. • Georgia was the only state at this time that authorized the death penalty. • Because the rape did not involve the death of the women court found the penalty to be extreme.

24. Significance of Coker v. Georgia (1977) • The supreme court decision was is Coker’s favor, court declared that the death penalty was in violation of the Eighth Amendment. • The significance of the case shows that the Amendment is up for interpretation and further refines Gregg v. Georgia (saying when the death penalty is unconstitutional)

25. Significance of Coker v. Georgia (1977) • Emphasizes federalism and the supremacy clause • States have some freedom to determine their criminal proceedings or judicial policy as long as it does not violate national policy

26. Impact of Constitutional Interpretation • Since Coker v. Georgia, the Court has ruled that the death penalty administered to mentally disabled and minors does constitute cruel and unusual punishment and is therefore unconstitutional • Stricter interpretation on what the cruel and unusual punishment clause of the Eighth Amendment constitutes

27. Eighth Amendment Interpretation • Big idea: the interpretation evolves over time with what society deems to be acceptable • The interpretation is seen in the rulings of the Court cases • Specifically, application to state death penalty statues over time • The changes in the interpretation are then implemented into policy through Supreme Court rulings

28. S.S. https://youtu.be/NPVzWAcCyl8

29. S.R. https://youtu.be/2cgni85CHtA

30. What punishment is cruel and unusual? Is death by a firing squad more humane than a beheading?

31. Coker appeals his sentence to the death penalty stating that it violates the 8th Amendment of cruel and usual punishment.

32. An interpretation of America today: though our forms of punishment are comparatively more humane than other countries, does that make it okay?

33. Eighth Amendment and Court Case Quiz • What is the main protection offered by the Eighth Amendment? • Protections of the freedom of religion • Protection of the right to a trial by jury • Protection of the right to bear arms • Protection from cruel and unusual punishment for crimes • Protection of the right to Privacy • True or False: The death penalty was not considered cruel and unusual punishment back when the Eighth Amendment was added to the Constitution. • True • False • The justices in Furman v. Georgia (1972) issued a per curiam ruling, meaning _____. • A short ruling was issued on the case and each justice wrote a longer separate opinion • A ruling that was different for each defendant • A ruling that related to the use of search and seizure • A ruling about the death penalty

34. 4. Furman v. Georgia (1972) is important because it: a. Ruled the death penalty in and of itself unconstitutional b. Ruled that electrocution was an improper means of state execution c. Ruled the death penalty was not a violation of the Eighth Amendment d. Remains the final word on the death penalty in the U.S. 5. According the excessive bail clause, what two factors are considered when setting bail? a. How severe the crime was and what political party they are a part of b. How much money the defendant has and how likely they are to flee the country c. How good the defense attorney is and how severe the crime d. How much money a defendant has, and the type of job they have 6. What was the effect of Furman v. Georgia (1972) on death penalty cases? a. It put a temporary freeze on death penalty cases until states developed new guidelines for determining the death penalty b. It allowed the death penalty to continue c. It gave more discretion to state legislatures d. None of the above

35. 7-2 court decision • 4-5 court decision • 6-3 court decision • None of the above 7. What was the ruling ratio in the court case Coker v. Georgia (1977) case? 8. Cruel and unusual bail and fine are forbidden by which Amendment? • First Amendment • Eighth Amendment • Sixth Amendment • Eleventh Amendment • Fourth Amendment

36. Gregg v. Georgia • Stanford v. Kentucky • Enmund v. Florida • Thompson v. Oklahoma 9. What case after the Furman v. Georgia (1972) demonstrated political activism, breaking from stare decisis? 10. What crimes constitute the death penalty or capital punishment is up to state discretion? • True • False

37. Quiz Answers • d • a • a • a • b • c • a • b • a • a

38. Questions What should be the test for determining when prison conditions constitute cruel and unusual punishments? • Is it unconstitutional to confine an inmate to a four-by-six foot cell? • To double-cell an inmate with a heavy smoker? Keep cell at 55 degrees? When are punishments so disproportionate to crimes as to constitute violations of the Eighth Amendment? • Would it be unconstitutional to impose life imprisonment for the first-time possession of a small amount of marijuana? • For a large amount of marijuana? Prostitution?

39. Work Cited https://scholarship.law.ufl.edu/facultypub/68/ https://caselaw.findlaw.com/us-supreme-court/433/584.html https://www.oyez.org/cases/1971/69-5030 https://constitutioncenter.org/interactive-constitution/amendments/amendment-viii