Impact of the Eighth Amendment
Course
Court
Systems
and
Practices
Rationale
The United States of America recognizes human rights and has created safeguards to
assure that punishments for crimes do not violate these rights. It is important for future
lawmakers and/or judges to understand these rights so that their laws and rulings
protect human rights and are not overturned by a higher court.
Unit VIII
Entry Into
the System
Objectives
The student will be able to:
1. Define the Eighth Amendment
2. Describe the guidelines lawmakers and courts must follow when determining
punishments as outlined by the U.S. Supreme Court
3. Compare the U.S. Constitution with punishments in other countries
4. Critique other students’ evaluation of another countries’ punishment as
compared to the U.S. Constitution
Essential
Question
How do we
determine
what is
cruel and
unusual?
TEKS
§130.296(c)
(5)(D)
Prior
Student
Learning
None
Estimated
Time
3 to 4 hours
Engage
Use the following questions for a class discussion:
 What would be an excessive punishment to you?
 How do you determine this?
Use the Discussion Rubric for assessment.
Key Points
I. Definition, History, and Origin of the Eighth Amendment
A. The Eighth Amendment states that excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punishments inflicted
B. Magna Carta
1. Created in 1215
2. The origin of the Eighth Amendment
3. States that a man may be fined according to the measure of the offense
C. The English Bill of Rights
1. Created in 1689
2. Incorporated the principle of proportionality
3. The document that the framers of the U.S. Constitution used to write the
Eighth Amendment
II. Excessive Bail Clause
A. Restricts judicial discretion in setting bail
B. Judges must consider factors such as
1. Severity of the crime
2. Weight of the evidence
3. Income of the accused
4. Criminal history of the accused
5. Flight risk of the accused
C. Limits excessive fines – the amount that the state and the federal governments
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may fine a person for a particular crime
III. How Cruel and Unusual Punishments are Determined
A. Trop v. Dulles (1958) – the courts must determine whether a particular
punishment is offensive to society at large, not just shocking or outrageous to a
particular judge
B. Furman v. Georgia (1972) – the U.S. Supreme Court said there are four
principles used to determine whether a particular punishment is cruel and
unusual. They are
1. A punishment that is, in its severity, degrading to human dignity
2. A severe punishment that is obviously inflicted in a wholly arbitrary fashion
3. A severe punishment that is clearly and totally rejected throughout society
4. A severe punishment that is patently unnecessary
C. Solem v. Helm (1983) – the U.S. Supreme Court said the following has to be
considered when sentencing a person to prison:
1. The gravity of the offense and the harshness of the penalty
2. The sentences imposed on other criminals in the same jurisdiction
3. The sentences imposed for the commission of the same crime in other
jurisdictions
IV. Specific Punishments Outlawed by the U.S. Supreme Court
A. In re Kemmler (1890) – the Supreme Court said that crucifixion, breaking on
the wheel, burning at the stake, and other punishments that involve lingering
death were prohibited
B. Weems v. U.S. (1910) – "hard and painful labor,” shackling for the duration of
incarceration, and permanent civil disabilities are cruel and unusual
C. Trop v. Dulles (1958) – taking away a natural born citizen’s U.S. citizenship is
unconstitutional
D. Robinson v. California (1962) – incarcerating a person for being a drug addict
is unconstitutional
E. Skinner v. Oklahoma (1941) – the Supreme Court said that “feeble-minded” or
“habitual” criminals cannot be sterilized in an effort to keep them from
reproducing in order to pass on their deficient characteristics
F. Atkins v. Virginia (2002) – executing the mentally retarded is unconstitutional
G. Roper v. Simmons (2005) – executing a person who was under the age of 18
at the time of the crime is unconstitutional
H. Coker v. Georgia (1977) – the death penalty for someone convicted of rape or
any crime that does not lead to death is unconstitutional
I. Graham v. Florida (2010) – life without parole for a minor, for any crime other
than murder, is prohibited
V. Specific Punishments Upheld by the U.S. Supreme Court
A. Gregg v. Georgia (1977) – the death penalty is not unconstitutional. This
overturned Furman v. Georgia (1972) when the court said the death penalty
was cruel and unusual
B. Wilkerson v. Utah (1878) – death by firing squad is not cruel and unusual
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C. In re Kemmler (1890) – death by electrocution is not cruel and unusual
D. Baze v. Rees (2008) – death by lethal injection is not cruel and unusual
E. Rummel v. Estelle (1980) and Lockyer v. Andrade (2003) – life sentences are
not cruel and unusual with the possibility of parole for the third crime of the
“three strikes, you’re out” rule
F. Harmelin v. Michigan (1991) – a life sentence without parole for possession of
672 grams of cocaine was upheld
VI. Appeals – a convicted person would have to file an appeal to a higher court if he
or she believed that the punishment violates the Eighth Amendment
Activities
1. Completion of the Impact of the Eighth Amendment (open-note) Quiz
2. Have students imagine that they serve on a United Nations criminal appeals
committee that uses the standards of the Eighth Amendment to evaluate whether
or not other nations’ criminal justice systems are humane. While in the role of a
committee member, have them research actual crimes that have recently occurred
in other countries and the punishments that resulted from these crimes (you may
want to have the students research crimes in countries in different parts of the
world). Have the students summarize a case in a paper. On a separate sheet, have
them give their ruling on this case based on the Eighth Amendment’s cruel and
unusual punishment standard. They must explain their reasoning for the ruling
using the knowledge they have learned. Then have students exchange their
summaries with other students and create a ruling with their reasoning for the other
students’ cases. Have students assess each other’s reasoning based on their own
research. Use the Debate Rubric for assessment.
Assessments
Impact of the Eighth Amendment Exam and Key
Eighth Amendment (open-note) Quiz and Key
Debate Rubric
Discussion Rubric
Writing Rubric
Materials
Impact of the Eighth Amendment computer-based presentation
Access to news sources
Resources
http://en.wikipedia.org/wiki/Eighth_Amendment_to_the_United_States_Constitution
http://law.jrank.org/pages/5907/Cruel-Unusual-Punishment.html
http://deathpenalty.procon.org/view.resource.php?resourceID=001769
Do an Internet search for the following
 legal dictionary eighth amendment
 solitary watch supreme court cases
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Accommodations for Learning Differences
For reinforcement, students will look at the Furman v. Georgia case. They will create
an example of each guideline the U.S. Supreme Court lists and justify how it matches
the court’s guidelines. Use the Writing Rubric for assessment.
For enrichment, students will choose at least one guideline the Supreme Court has
set for excessive punishment and imagine what the consequences would be in our
justice system if this guideline was not in place. The Writing Rubric may be used for
assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.296. Court Systems and Practices (One to Two Credits).
(5)
The student explains the structure and provisions of the United States
Constitution and the Bill of Rights and how they impact the criminal trial
process. The student is expected to:
(D)
explain the impact of the Eighth Amendment on the criminal
justice system;
College and Career Readiness Standards
Social Study Standards
III. Interdependence of Global Communities
A. Spatial understanding of global, regional, national, and local communities
2. Connect regional or local developments to global ones.
B. Global analysis
1. Apply social studies methodologies to compare societies and cultures.
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Name________________________________ Date__________________________
Impact of the Eighth Amendment Exam
_____1. The Eighth Amendment states that minimum bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
a) True
b) False
_____2. To what document does the 8th Amendment trace its origins? It states that a man may
be fined according to the measure of the offense.
a) Declaration of Independence
b) English Bill of Rights
c) Magna Carta
d) U.S. Bill of Rights
_____3. What year was the document in question number 2 created?
a) 1215
b) 1776
c) 1789
d) 1689
_____4. What document incorporated the principle of proportionality and was used by the
framers of the U.S. Constitution to write the Eighth Amendment?
a) Declaration of Independence
b) English Bill of Rights
c) Magna Carta
d) U.S. Bill of Rights
_____5. What year was the document in question number 4 created?
a) 1215
b) 1776
c) 1789
d) 1689
_____6. Joe is arrested for attempted murder. What will the judge consider when determining
the amount of Joe’s bail?
I. Joe’s $100,000 a year salary
II. The fact that Joe has never been arrested before
III. The fact that Joe’s family has a long history of crime
IV. The fact that the charge is a felony
a) I, II
b) I, II, III
c) I, II, IV
d) II, III, IV
e) I, II, III, IV
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_____7. The Excessive Fines Clause of the Eighth Amendment limits the amount that courts
may fine a person for a particular crime.
a) True
b) False
_____8. The Excessive Bail Clause of the Eighth Amendment restricts judicial discretion in
setting bail.
a) True
b) False
_____9. Who or what is the measuring stick for how offensive a punishment is?
a) The U.S. Supreme Court
b) The judge over the case
c) The jury deciding the case
d) Society at large
____10. What did the U.S. Supreme Court say a court has to follow when considering
sentencing a person to prison?
I. The gravity of the offense and the harshness of the penalty
II. The sentences imposed on other criminals in the same jurisdiction
III. The sentences imposed for commission of the same crime in other jurisdictions
IV. The sentences imposed for the same crime in other developed countries
a) I, II, III
b) I, II, IV
c) I, III, IV
d) II, III, IV
Directions: The following questions have yes/no answers. For some of them, you must explain
your answer. It is possible to get counted off twice for the question when you do not explain.
____11. Rob commits capital murder. He is sentenced to death by burning at the stake. Is this
punishment constitutional?
a) Yes
b) No
____12. Rob commits capital murder. He is sentenced to death by electrocution. Is this
punishment constitutional?
a) Yes
b) No
If no, why not?
____________________________________________________________________________
____________________________________________________________________________
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____13. Rob commits capital murder. He is mentally retarded. He is sentenced to death by
electrocution. Is this punishment constitutional?
a) Yes
b) No
If no, why not?
____________________________________________________________________________
____________________________________________________________________________
____14. Rob commits capital murder. He is 16. He is sentenced to death by electrocution. Is
this punishment constitutional?
a) Yes
b) No
If no, why not?
____________________________________________________________________________
____________________________________________________________________________
____15. Rob is convicted of capital murder. The jury sentences him to death by lethal injection.
Is this punishment constitutional?
a) Yes
b) No
If no, why not?
____________________________________________________________________________
____________________________________________________________________________
____16. Rob is convicted of capital murder. The jury sentences him to death by firing squad. Is
this punishment constitutional?
a) Yes
b) No
If no, why not?
____________________________________________________________________________
____________________________________________________________________________
____17. Rob is convicted of aggravated robbery. He is sentenced to 10 years in prison. Is this
punishment constitutional?
a) Yes
b) No
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____18. Rob is convicted of aggravated robbery. He is sentenced to 10 years of probation, a
$5,000 fine, and 250 hours of community service. Is this punishment constitutional?
a) Yes
b) No
If no, why not?
____________________________________________________________________________
____________________________________________________________________________
____19. Rob is convicted of aggravated robbery. He is sentenced to 2 years at a work camp
that requires 16 hour work days, even in extreme weather. Is this punishment
constitutional?
a) Yes
b) No
If no, why not?
____________________________________________________________________________
____________________________________________________________________________
____20. Rob is a habitual drug addict who is always in and out of jail. The police suspect that
he is responsible for many of the house and car break-ins that have happened in the
area during the last 6 months, but they do not have enough evidence to prove it.
However, they can prove that he is a drug addict. The detectives come to you (the
police department’s attorney) to see if they can bring charges against Rob for his
history of drug abuse with the circumstantial evidence that he has been involved in the
long list of burglaries. What would you tell them?
a) Yes
b) No
If no, why not?
____________________________________________________________________________
____________________________________________________________________________
____21. Rob is a serial rapist that is found guilty on all sexual assault charges. Which
punishment can the jury not choose to give Rob?
a) Life in Prison without Parole
b) Death Penalty
Why didn’t you pick the other option? ______________________________________________
____________________________________________________________________________
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____22. Does anything change in the above answer if Rob is a minor?
a) Yes
b) No
If yes, why?
____________________________________________________________________________
____________________________________________________________________________
____23. Rob is found guilty of money laundering with help from overseas networks. Can you as
the district attorney suggest to the jury that they punish Rob by taking away his natural
born U.S. citizenship?
a) Yes
b) No
____24. Rob is a habitual offender who has had five children with four different women. Two of
his adult children are currently in prison and two others have been in and out of the
juvenile correctional system. Rob is caught and found guilty of another crime that will
send him to prison. The jury has added to Rob’s punishment that he must be sterilized
to break the cycle of crime that he is producing. You are an appeals judge who reviews
this case. What is your ruling?
a) Uphold the punishment
b) Overturn the punishment
____25. Rob is mentally retarded without the ability to understand the consequences of his
actions. Rob has fathered numerous children, several of which are in foster care
because he is unable to support them. Rob is found guilty of a crime. The jury finds
him not guilty by reason of insanity but requires that he be sterilized. Is this punishment
constitutional?
a) Yes
b) No
____26. Rob is arrested for possession of over 600 grams of cocaine. He is found guilty and
receives a life sentence without parole. Is this punishment constitutional?
a) Yes
b) No
____27. Life sentences without the possibility of parole for the third crime of the “three strikes,
you’re out” rule are not cruel and unusual.
a) True
b) False
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Impact of the Eighth Amendment Exam Key
1. B
2. C
3. A
4. B
5. D
6. C
7. B
8. A
9. D
10. A
11. B
12. A
13. B, people who are mentally retarded cannot be executed
14. B, those who are minors at the time of the crime cannot be executed for the crime
15. A
16. A
17. A
18. A
19. B, hard and painful labor has been ruled cruel and unusual
20. B, incarcerating a person for being a drug addict is unconstitutional
21. B, receiving the death penalty would have been unconstitutional because the crime did
not lead to death
22. A, a minor cannot receive the death penalty or life without parole for a crime other than
murder
23. B
24. B
25. B
26. A
27. B
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Name________________________________ Date__________________________
Impact of the Eighth Amendment Quiz
What does the Eighth Amendment say?
1. _________________________________________________________________________
_________________________________________________________________________
To which document does the Eighth Amendment trace its origins? It states that a man may be
fined according to the measure of the offense.
2. _________________________________________________________________________
What year was this document created?
3. _________________________________________________________________________
What document incorporated the principle of proportionality and was used by the framers of the
U.S. Constitution to write the Eighth Amendment?
4. _________________________________________________________________________
What year was this document created?
5. _________________________________________________________________________
What must a judge consider when setting someone’s bail?
6. _________________________________________________________________________
7. _________________________________________________________________________
8. _________________________________________________________________________
9. _________________________________________________________________________
10. _________________________________________________________________________
What or who does the Excessive Fines Clause of the Eighth Amendment limit?
11. _________________________________________________________________________
What clause restricts judicial discretion in setting bail?
12. _________________________________________________________________________
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What did the U.S. Supreme Court say a court did not have to follow when considering
sentencing a person to prison?
13. _________________________________________________________________________
14. _________________________________________________________________________
15. _________________________________________________________________________
Name the U.S. Supreme Court case that applies to each statement:
Crucifixion, breaking on the wheel, burning at the stake, and other punishments that involve
lingering death are prohibited, and death by electrocution is not cruel and unusual.
16. _________________________________________________________________________
Hard and painful labor, shackling for the duration of incarceration, and permanent civil
disabilities are cruel and unusual.
17. _________________________________________________________________________
Incarcerating a person for being a drug addict is unconstitutional.
18. _________________________________________________________________________
Taking away a natural born citizen’s U.S. citizenship is unconstitutional.
19. _________________________________________________________________________
Executing a person who was under the age of 18 at the time of the crime is unconstitutional.
20. _________________________________________________________________________
Feebleminded or habitual criminals cannot be sterilized in an effort to keep them from
reproducing to pass on their deficient characteristics.
21. _________________________________________________________________________
Executing the mentally retarded is unconstitutional.
22. _________________________________________________________________________
Life without parole for a minor for any crime other than murder is prohibited.
23. _________________________________________________________________________
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A life sentence without parole for possession of 672 grams of cocaine was upheld.
24. _________________________________________________________________________
The death penalty for someone convicted of rape or any crime that does not lead to death is
unconstitutional.
25. _________________________________________________________________________
Death by firing squad is not cruel and unusual.
26. _________________________________________________________________________
Life sentences are not cruel and unusual with the possibility of parole for the third crime of the
“three strikes, you’re out” rule.
27. _________________________________________________________________________
28. _________________________________________________________________________
The courts must determine whether a particular punishment is offensive to society at large, not
shocking or outrageous to a particular judge.
29. _________________________________________________________________________
Death by lethal injection is not cruel and unusual.
30. _________________________________________________________________________
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Impact of the Eighth Amendment Quiz Key
1. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted
2. Magna Carta
3. 1215
4. English Bill of Rights
5. 1689
6. Severity of the crime
7. Weight of the evidence
8. Income of the accused
9. Criminal history of the accused
10. Flight risk of the accused
11. State and federal governments
12. Excessive Bail Clause
13. The gravity of the offense and the harshness of the penalty
14. The sentences imposed on other criminals in the same jurisdiction
15. The sentences imposed for the commission of the same crime in other jurisdictions
16. In re Kemmler
17. Weems v. U.S.
18. Robinson v. California
19. Trop v. Dulles
20. Roper v. Simmons
21. Skinner v. Oklahoma
22. Atkins v. Virginia
23. Graham v. Florida
24. Harmelin v. Michigan
25. Coker v. Georgia
26. Wilkerson v. Utah
27. Rummel v. Estelle
28. Lockyer v. Andrade
29. Trop v. Dulles
30. Baze v. Rees
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Name:____________________________________
Date:_____________________________________
Debate Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Information
Clear, accurate and thorough
Facts, statistics and/or examples
used to support major points.
Communication
Respectful body language
Respectful responses
Focused/On-topic
Sarcasm avoided
Participation
Full participation
Attentive listening
Total Points (32 pts.)
Comments:
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Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
16
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Name:____________________________________
Date:_____________________________
Writing Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The writing has all required parts from
introduction to conclusion in smooth
transition.
The writing is interesting, supportive,
and complete.
The writing demonstrates that the
writer comprehends the writing
process.
Accurate spelling, grammar, and
punctuation
The content of paragraphs
emphasizes appropriate points.
The writer shows an understanding of
sentence structure, paragraphing, and
punctuation.
All sources and references are clearly
and accurately documented.
Total Points (28 pts.)
Comments:
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