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?
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“Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted…”
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Themes:
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Bails and Fines
“Cruel and unusual punishment”
Where did the 8th Amendment originate?
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During the Revolution,
the British used fines as a
way to punish suspected
“rebels”
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“unplayable debt”
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?
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Bail = money /
property given to a
court to let a person
out of jail
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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?
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Though “cruel &
unusual punishments”
is outlawed, what is
it?
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“standards of
decency”
Punishments are ever
evolving in the US
History of Punishment in the US
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In early America, capital
punishment was regular
punishment
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Whippings
Hangings
Public executions were
seen as a way of deterring
future crimes
Is capital punishment considered “cruel &
usual?”
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The courts are
undecided on this
issue…
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The Supreme Court
has ruled that this is
an issue for the states
to decide
When does capital punishment become
“cruel & usual?”
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Capital punishment can become
“cruel & usual” under specific
circumstances
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“Aggravating circumstances” =
violent nature of a crime
“Mitigating circumstances” =
character of a defendant
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“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?
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Currently, the courts
are trying to decide
the issues of “cruel &
unusual” in the War
on Terror
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Torture or
interrogation?
John Walker Lindh
Do the inmate at Gitmo violate
the 8th Amendment?
Abu Ghraib Prison (2004)