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Understanding the 8th Amendment

The 8th Amendment prohibits excessive bail, fines, and cruel and unusual punishments. It originated from British practices of using fines to punish rebels and European torture for extracting confessions. The amendment means bail is used to ensure appearance in court while standards of decency determine what is cruel, with punishments evolving over time, like ending public executions. Courts debate what constitutes cruel punishment regarding issues like capital punishment, mental competence, and innocence of those executed. Current issues examine interrogation techniques in the War on Terror.

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Donald King
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45 views26 pages

Understanding the 8th Amendment

The 8th Amendment prohibits excessive bail, fines, and cruel and unusual punishments. It originated from British practices of using fines to punish rebels and European torture for extracting confessions. The amendment means bail is used to ensure appearance in court while standards of decency determine what is cruel, with punishments evolving over time, like ending public executions. Courts debate what constitutes cruel punishment regarding issues like capital punishment, mental competence, and innocence of those executed. Current issues examine interrogation techniques in the War on Terror.

Uploaded by

Donald King
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

The Bill of Rights

The 8th Amendment

What is the 8th Amendment?


What are the pros & cons of capital
punishment?
What is the 8th Amendment?
n Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted

n Themes:
n Bails and Fines
n Cruel and unusual punishment
Where did the 8th Amendment originate?
n During the Revolution,
the British used fines as a
way to punish suspected
rebels
n unplayable debt

n The European powers


also had a history of
using torture to extract
information
Torture to Extract Confessions
What does the 8th Amendment mean to me?
n Bail = money /
property given to a
court to let a person
out of jail

n The idea being the


property / money will
be returned when the
person appears in
court
Waving Bail
Bail Bondsmen
Bounty Hunters
What does the 8th Amendment mean to me?
n Though cruel &
unusual punishments
is outlawed, what is
it?
n standards of
decency

n Punishments are ever


evolving in the US
History of Punishment in the US
n In early America, capital
punishment was regular
punishment
n Whippings
n Hangings

n Public executions were


seen as a way of deterring
future crimes
Is capital punishment considered cruel &
usual?
n The courts are
undecided on this
issue

n The Supreme Court


has ruled that this is
an issue for the states
to decide
When does capital punishment become
cruel & usual?
n Capital punishment can become
cruel & usual under specific
circumstances

n Aggravating circumstances =
violent nature of a crime
n Mitigating circumstances =
character of a defendant
Fry Him Again
Francis v. Resweber (1946)
Willie Francis in the Electric Chair
Is lethal injection an 8th Amendment
violation?
Can minors be executed?
Can people with mental /
physical handicaps be executed?
William Henry Furman & Mentally Fit for Execution
Furman v. Georgia (1972)
Punishment Other Than Death
Executing an Innocent Man?
Executing an Innocent Man?
The Life of David Gale (2003)
What are the current issues facing
the 8th Amendment?
n Currently, the courts
are trying to decide
the issues of cruel &
unusual in the War
on Terror
n Torture or
interrogation?
John Walker Lindh
Do the inmate at Gitmo violate
the 8th Amendment?
Abu Ghraib Prison (2004)

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