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8th Amendment Presentation
Transcript of 8th Amendment Presentation
Cruel And Unusual Punishment
Punishments that are considered "cruel" and punishment that are used today
Furman v. Georgia (1972)
"A nation that toerates cruel and punishments becomes dastardly and contemptible. For in nations, as well as individuals, cruelty is always attended by cowardice." - James Wilson
"The Death Penalty serves two principal social purposes- retribution and deterrence" -Supreme Court
Atkins v. Virginia (2002)
Gregg v. Georgia (1976)
Ewing v. California (2003)
This amendment states that, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted."
Protects people agaisnt absurd amount of bail/fines,receiving cruel punishment however, there are various interpretations, such as for the death penalty. Also prevents punishment from being torturous.
Electric Chair (11)
Firing Squad (3)
Lethal Injection (33)
William F. robbed a house and caused the owner to wake up and as William escapes, his gun accidentally fired and killed the owner and he was punishable by death in Georgia
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U.S Supreme Court overturned Furman's execution, stating that capital punishment is considered "cruel and unusual punishment" and violates the 8th & 14th amendments due to the fact that there's no solidified way of determining who is eligible for the death penalty
Daryl Atkins and William Jones abducted Eric Nesbit, forced him to withdraw from a ATM, drove off to a isolated area and shot Eric 8 times in result of death.
Jones negotiated a deal of life in prison, Atkins was sentenced to death also, Atkin's school records showed he was mentally retarded.
The "relationship between mental retardation and the penological purposes served by the death penalty" justifies a conclusion that executing the mentally retarded is a cruel and unusual punishment.
They overruled his original sentencing and he was instead given life in prison.
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Troy Leon Gregg was convicted of armed robbery and murder and sentenced with death for both crimes.
He appealed to the Supreme Court on the grounds that death was a cruel and unusual punishment, in violation of the eighth amendment.
The court ruled that the death penalty was legal for murder. The case was again appealed to the Supreme Court. The 8th Amendment incorporated a "basic concept of dignity," which was consistent with the purpose of deterrence and of retribution. As long as it was proportional to the severity of the crime, the death penalty was not unconstitutional.
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DARYL RENARD ATKINS, PERTITIONER v. Virginia
"New from the U.S. Supreme Court."
"Landmark Supreme Court Cases – Gregg v. Georgia (1962)."
Gary Ewing attempted to steal three golf clubs costing about $399 each, and also he broke the Three Strikes Law because it was prosecuted as a felony, sent to 25 to life in prison
Case was brought to the court of appeals under the argument that the sentencing was "grossly disproportionate" to the crime committed and the three strikes law violated the 8th Amendment.
Justice O'Conner said that the "three strikes law did not violate the 8th Amendment.
"Ewing v. California 538 U.S. 11 (2003)."
- Josue V.
"U.S. Constitution." LII / Legal Information Institute. Cornell University Law School, n.d. Web. 24 Nov. 2014.
"New from the U.S. Supreme Court." L. N.p., n.d. Web. 19 Dec. 2014.
"FURMAN v. GEORGIA." Furman v. Georgia. IIT Chicago-Kent College Of Law, n.d. Web. 24 Nov. 2014.
DARYL RENARD ATKINS, PERTITIONER v. Virginia. Virginia: Supreme Court of the United States, 20 June 2002. PDF.
"Landmark Supreme Court Cases – Gregg v. Georgia (1962)." Bill of Rights Institute Landmark Supreme Court Cases Gregg v Georgia 1962 Comments. N.p., n.d. Web. 24 Nov. 2014.
"Ewing v. California 538 U.S. 11 (2003)." Justia Law. Justia, Oct. 2003. Web. 24 Nov. 2014.
"The Program." Three Strikes Basics. Stanford Law School, n.d. Web. 27 Nov. 2014.
"14th Amendment." LII / Legal Information Institute. Cornell University Law School, n.d. Web. 30 Nov. 2014.
"FURMAN v. GEORGIA."
"New from the U.S. Supreme Court."