8th Amendment – Cruel and Unusual Punishment
Background: The Eighth Amendment to the U.S. Constitution has three provisions:
1. The cruel and unusual punishments clause restricts the severity of punishments that state
and federal governments may impose upon persons who have been convicted of a criminal
offense.
2. The excessive fines clause limits the amount that state and federal governments may fine a
person for a particular crime.
3. The excessive bail clause prevents judges from setting unreasonable bail for people accused
of a criminal activity during the period following their arrest but before their trial.
From: http://law.jrank.org/pages/6368/Eighth-Amendment.html, 1/14/2010
Several cases have defined the parameters of “cruel and unusual punishment”:
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Wilkerson v. Utah (1878) -- Court upheld execution by firing squad, but said that torture such
as "drawing and quartering….beheading, public dissection….and all other in the same line
of...cruelty, are forbidden."
Louisiana ex rel. Francis v. Resweber (1947) -- On May 3, 1946, 17 year old Willie Francis was
placed in the electric chair and the switch was thrown. Due to faulty equipment, he survived
(even though he was severely shocked). The Court ruled 5-4 that it was not "cruel and unusual"
to finish carrying out the sentence since the state acted in good faith in the first attempt.
Furman v. Georgia (1972) -- The Court set up the standard that punishment would be
considered "cruel and unusual" if any of the following were present: 1) it was too severe for the
crime; 2) it was arbitrary (some get the punishment and others do not, without guidelines); 3) it
offends society's sense of justice; 4) it was not more effective than a less severe penalty.
Penry v. Lynaugh (1989) -- Persons considered retarded, but legally sane, could receive the
death penalty if jurors were given the opportunity to consider mitigating circumstances.
Roper v. Simmons, (2005) The Supreme Court of the United States held that it is
unconstitutional to impose capital punishment for crimes committed while under the age of 18.
From “History of the Death Penalty by Michael H. Reggio, http://www.pbs.org/wgbh/pages/frontline/shows/execution/readings/history.html
Activity: Now, briefly write in as few words as possible what each Court cases decided.
1. What did Wilkerson decide? _________________________________________________
2. What were the key principals in Furman:
1.________________________________________
2.________________________________________
3. ________________________________________
4._________________________________________
3. What was the principal in Francis? _____________________________________________
4. What was the principal in Penry? ______________________________________________
5. What was the principal in Roper? _____________________________________________
“When Juveniles Get Life”
Now we will watch segments of the PBS Frontline series “When Juveniles Get Life”
http://www.pbs.org/wgbh/pages/frontline/whenkidsgetlife/.
We will not watch the whole
program online (although you may choose to do so), but we will try to look at the profiles of 3 of the
juveniles convicted under the tab Five Stories.
Then, look at the State-by-State map to see how Massachusetts compares to other states in terms
of the numbers of juveniles in jail for life. You may be interested in reading some of the interviews
by experts.
Finally, we will try to watch at least 3 chapters of the program, including the Epilogue. Click on
Watch Online and then you can scroll over the chapters to choose which you would like to watch.
Please be aware that several of the scenes in this program are graphic with some descriptions of
sexual abuse and the crimes the juveniles are charged with (segments 1 and 2).
Finally, write whether or not you believe that life without parole is a reasonable punishment
for juveniles or if it is “cruel and unusual punishment”.
1.
What are some of the crimes that a minor could get life in prison without parole for?
2. Were there any contributing factors to the minor’s crimes shown in the film? (drug or alcohol
use/abuse, abuse or neglect by family figures, etc.)
3.
Could a minor get LWOP for being an accessory (a helper) to a crime but not the person who
actually did the murder?
4. Could you imagine serving LWOP? What would you do?
5. Is solitary confinement justifiable in your opinion?
6. Do you think LWOP for juveniles is cruel and unusual punishment? Explain.