Do you support the use of the
Death Penalty?
Is it a cruel form of punishment?
Eighth Amendment
“Excessive bail shall not be
required, nor excessive
fines imposed, nor cruel
and unusually
punishments inflicted.”
Is the death penalty a cruel
form of punishment?
In general, the court has let
the states determine the
type of punishment they
want to use.
Bail and Punishment
• Stack v. Boyle (1951) – bail must be
“reasonably calculated” based on charge
• Rhodes v. Chapman (1976) – putting two
prisoners in a cell build for one is not cruel
• Rummel v. Estelle (1980) – a mandatory life
sentence for a “three time loser” is not cruel
Death Penalty
The court has never forbid it.
• Furman v. Georgia (1972) – death penalty cannot be
applied arbitrarily
• Gregg v. Georgia (1976) – two stage trials for death
penalty cases meet Constitutional scrutiny
• McClesky v. Kemp (1987) – the death penalty, even when
it appears to discriminate against African Americans, is
constitutional
• McClesky v. Zant (1991) – places limits on the appeals
process of death row inmates
• Atkins v. Virginia (2002) – cannot execute the mentally
retarded
• Roper v. Simmons (2004) – executing 18 year-olds is cruel
Unit #8 Exam Preview
• 10 multiple choice on the federal court system and chart
(Chapter 18)
• Establishment or Free Exercise – 5 questions
• Types of limited speech matching – 5 questions
• Rights of the accused matching “what right was violated?”
– 5 questions
• 10 multiple choice on civil liberties (general)
• Which Amendment? 4th 5th or 6th matching – 5 questions
• “Essay” – Open Book! Two hypotheticals. Who wins the
case? What is the precedent case? Freedom of
Press/Search and Seizure