Civil LibertiesThe 8th Amendment

Phil Egan, Tom Koegel, Angie Nalepa

The 8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

(exact wording)

Interpreted to include issues including the death penalty, bail, what cruel and unusual constitutes, and what exactly an excessive “fine” is.

Questions about the 8th amendment (part one)

• Can you execute a minor for their crimes? What if there is malicious intent/premeditation?

• Can you execute someone for an accidental killing or a crime that does not involve murder?

• Can you execute someone who is mentally retarded?

Questions about the 8th amendment (part 2)

• When is a fine excessive and what exactly can or does a fine constitute?

• Can conditions of prisons be considered cruel and unusual?

• Can bail be denied in certain cases?

Landmark Cases• Furman v. Georgia (1972) (dp)• Wilkerson v. Utah (1878) (dp)• Thompson v. Oklahoma (1988) (dp underage)• Roper v. Simmons (2005) (dp underage)• Atkins v. Virginia (2002) (c u)• Coker v. Georgia (1977) (d p/c u)• United States v. Salerno (bail)• Weems v. United States (c u)• Hudson v. McMillan• Trop v. Dulles

Cruel and Unusual Punishment

Prior to 1910, cruel and unusual punishment was considered to be anything cruel or unusual by standards in 1789.

However, Weems v. United States extended that protection by stating the Court, “must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.”

Cruel and Unusual Punishment

• Can you revoke a person’s citizenship for a crime?

Death Penalty

• At what age can you execute someone?

• Is it right to execute a minor?

Cruel and Unusual Punishment

Can someone be executed for crimes not involving murder or when in a certain mental state?

• Coker v. Georgia • Atkins v. Virginia• The answer to this question, as answered by the

Supreme Court, is no.

Death Penalty

• Can you execute someone who accidentally killed a person?

Death Penalty

• Can you execute someone twice?

• Written, produced, animated, created, directed, supervised, and what not by:

• Tom Koegel

• Phil Egan

• Angie Nalepa