88thth Amendment Amendment

No excessive bail or finesNo excessive bail or fines

No cruel and unusual punishmentNo cruel and unusual punishment

Is this cruel & unusual punishment?Is this cruel & unusual punishment?

Prisoners working on a chain gang?Prisoners working on a chain gang? Prisoners having to eat “the loaf?”Prisoners having to eat “the loaf?” Prisoners not getting the type of cereal they Prisoners not getting the type of cereal they

want? Or crunchy v. creamy peanut butter?want? Or crunchy v. creamy peanut butter? Prisoners not getting adequate health care?Prisoners not getting adequate health care? ““3 strikes and you’re out” laws.3 strikes and you’re out” laws.

Ewing v. CAEwing v. CA (2003) (2003)

Is this cruel & unusual punishment?Is this cruel & unusual punishment?

GEORGIA SUPREME COURT

S07A1606. WILSON v. THE STATE.

Decided: October 26, 2007

“We conclude that the habeas court properly ruled that Wilson’s sentence of ten years in prison for having consensual oral sex with a fifteen-year-old girl when he was only seventeen years old constitutes cruel and unusual punishment.”

Cruel & Unusual Punishment Cruel & Unusual Punishment for Teen in Georgiafor Teen in Georgia

Methods Explained

Supreme Court CasesSupreme Court Cases

Furman v. Georgia (1972)Furman v. Georgia (1972) Death penalty in this case is Unconstitutional.Death penalty in this case is Unconstitutional. It was being used indiscriminately against blacks.It was being used indiscriminately against blacks. States must do 2 things:States must do 2 things:

Allow defendant to show all evidence of why they Allow defendant to show all evidence of why they should not received the DP, in the punishment phase.should not received the DP, in the punishment phase.

Have an automatic appeal.Have an automatic appeal.

Supreme Court CasesSupreme Court Cases

Gregg v. Georgia (1976)Gregg v. Georgia (1976) Death penalty in this case IS Constitutional.Death penalty in this case IS Constitutional.

And…Texas got after it after that!And…Texas got after it after that!

The Death PenaltyThe Death PenaltyIs it cruel and unusual punishment?Is it cruel and unusual punishment?

Thursday, 23 August, 2007Thursday, 23 August, 2007

Texas carried out its 400th Texas carried out its 400th executionexecution since the US Supreme Court since the US Supreme Court reintroduced the death penalty in 1976.reintroduced the death penalty in 1976.

Conner asked for forgiveness before he was put to his death.

http://news.bbc.co.uk/1/hi/world/americas/6959665.stm

Death Penalty and JuvenilesDeath Penalty and Juveniles

Thompson v. Oklahoma (1986)Thompson v. Oklahoma (1986) Juveniles must be at least Juveniles must be at least 1616 years of age at the years of age at the

time of the crime, to receive the DP.time of the crime, to receive the DP. Stanford v. Kentucky (1989)Stanford v. Kentucky (1989)

Upheld Thompson—Upheld Thompson—1616 still the rule. still the rule.

Roper v. Simmons (2004)Roper v. Simmons (2004) A person must now be at least A person must now be at least 1818 years of age at years of age at

the time of the crime, to receive the DP.the time of the crime, to receive the DP.

Those who CANNOT receive the DPThose who CANNOT receive the DP

Juveniles. Juveniles. (Roper v. Simmons)(Roper v. Simmons)

Mentally retarded. Mentally retarded. (Atkins v. VA, 2001)(Atkins v. VA, 2001)

Mentally insane.Mentally insane.

Texas dumps the electric chair in Texas dumps the electric chair in 1977 & moves to lethal injection.1977 & moves to lethal injection.

Lethal injection in Texas consists of:Lethal injection in Texas consists of: Sodium Thiopental (lethal dose—sedates person)Sodium Thiopental (lethal dose—sedates person) Pancuronium Bromide (muscle relaxant—Pancuronium Bromide (muscle relaxant—

collapses diaphragm and lungs)collapses diaphragm and lungs) Potassim Chloride (stops heart beat)Potassim Chloride (stops heart beat)

Usually pronounced dead approx. 7 minutes after LJ Usually pronounced dead approx. 7 minutes after LJ begins.begins.

Cost per execution for drugs used: $86.08.Cost per execution for drugs used: $86.08. Cost of one appeal to Texas Ct. of Crim. Appls.: Cost of one appeal to Texas Ct. of Crim. Appls.:

$40,000+$40,000+ Average time on Death Row in TX: 10.43 years.Average time on Death Row in TX: 10.43 years. Cost per day in prison per offender: $62.00Cost per day in prison per offender: $62.00

Is Lethal Injection, cruel & unusual?Is Lethal Injection, cruel & unusual?

Supreme Court considered last term, whether Supreme Court considered last term, whether lethal injection is constitutional.lethal injection is constitutional.

Case involves two death row inmates in Case involves two death row inmates in Kentucky. Kentucky.

Inmates allege lethal injection is cruel and Inmates allege lethal injection is cruel and unusual punishment.unusual punishment.

Method in question is used in 37 states.Method in question is used in 37 states.

Is Lethal Injection, cruel & unusual?Is Lethal Injection, cruel & unusual?

Baze v. ReesBaze v. Rees (2008) (2008)

Supreme Court’s decision in this case—video (clicSupreme Court’s decision in this case—video (click this link)k this link)

Can the death penalty be given to a Can the death penalty be given to a child molester?child molester? Kennedy v. LouisianaKennedy v. Louisiana (2008) (2008)