The 8th amendment prohibits excessive fines, excessive bail, as well as cruel and unusual punishment.
History
Cruel and Unusual punishment was first seen in The English Bill of Rights in 1689. " as their ancestors in like cases have usually done...that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." (English Bill of Rights)
This amendment was first used in America in 1776 in Virginia's Declaration of Rights. When the Constitution was ratified in 1788, Virginia that the same things be incorporated in the U.S. Constitution.
This amendment was first used in America in 1776 in Virginia's Declaration of Rights. When the Constitution was ratified in 1788, Virginia that the same things be incorporated in the U.S. Constitution.
Of the 191 executions since 2001, 189 0f the were by lethal injection.
Famous Court Cases
-Excessive fines
United States v. Bajakajian(1998)
The Supreme Court ruled that it was unconstitutional to confiscate $357,144 from Hosep Bajakajian who failed to report possession of over $10,000 while leaving the United States. In what was the first case in which the Supreme Court ruled a fine to violate the Excessive Fines Clause, the Court held that it was "grossly disproportional" to take all of the money which Mr. Bajakajian attempted to take out of the United States, in violation of a federal law that required him to report an amount in excess of $10,000. In describing what constituted "gross disproportionality," the Court could not find any guidance from the history of the Excessive Fines Clause and so relied on Cruel and Unusual Punishment Clause case law:
The Supreme Court ruled that it was unconstitutional to confiscate $357,144 from Hosep Bajakajian who failed to report possession of over $10,000 while leaving the United States. In what was the first case in which the Supreme Court ruled a fine to violate the Excessive Fines Clause, the Court held that it was "grossly disproportional" to take all of the money which Mr. Bajakajian attempted to take out of the United States, in violation of a federal law that required him to report an amount in excess of $10,000. In describing what constituted "gross disproportionality," the Court could not find any guidance from the history of the Excessive Fines Clause and so relied on Cruel and Unusual Punishment Clause case law:
Famous Court Cases
-Cruel and Unusual Punishments
Gregg v. Georgia
Troy Gregg was found guilty of the armed robbery and murder of two men, and was therefore sentenced to death. However, he appealed his case claiming that in Furman VS Georgia of 1972, the Supreme Court had already ruled the death penalty as "cruel and unusual" punishment, which would make the death penalty unconstitutional.
The Supreme Court denied this, noting that there was no standard for which the death penalty can be given at the time. As Justice Stewart described it, the death penalty was "...cruel and unusual the same way being struck by a lightning bolt is cruel and unusual." This means that the court had decided that it was the random way of which the death penalty was applied that made the death penalty unconstitutional, and not the death penalty itself; therefore, a moratorium, or a temporary ban, was placed on the death penalty. However, in this case, the Court found that Georgia had a "judicious" and "careful" system for applying the death penalty, and Gregg had gone through all due process of the court system still wielding results of the "aggravating circumstances" necessary to apply the death penalty. The Court concluded that no violations of the 8th amendment had been made.
Troy Gregg was found guilty of the armed robbery and murder of two men, and was therefore sentenced to death. However, he appealed his case claiming that in Furman VS Georgia of 1972, the Supreme Court had already ruled the death penalty as "cruel and unusual" punishment, which would make the death penalty unconstitutional.
The Supreme Court denied this, noting that there was no standard for which the death penalty can be given at the time. As Justice Stewart described it, the death penalty was "...cruel and unusual the same way being struck by a lightning bolt is cruel and unusual." This means that the court had decided that it was the random way of which the death penalty was applied that made the death penalty unconstitutional, and not the death penalty itself; therefore, a moratorium, or a temporary ban, was placed on the death penalty. However, in this case, the Court found that Georgia had a "judicious" and "careful" system for applying the death penalty, and Gregg had gone through all due process of the court system still wielding results of the "aggravating circumstances" necessary to apply the death penalty. The Court concluded that no violations of the 8th amendment had been made.
Current Controversies
The United States Naval Station at Guantanamo Bay in Cuba was originally used as a coaling site in 1903. Later, in 2002, President George W. Bush made it the central prison for suspects considered unlawful enemy antagonists in the "War on Terror." This is now the place where "mortal enemies of the US" are locked up with maximum security. However, this prison is greatly challenged by detainees, who claim that they have been subject to sleep deprivation, shackling in stressful positions, and prolonged exposures to cold temperatures.
Capital punishment, or the death penalty, is a legal process where the court orders someone to death as a punishment for crime. This has always been a subject of heated discussion, due to the fact that the decision is irreversible. In recent years, those who argue against the death penalty usually use the wrongly accused as examples, and the fact that punishment given to criminals is supposed to give some sort of rehabilitation. If the convict is killed, then there is no point to the penalty
Methods of Execution, by State
http://deathpenaltycurriculum.org/student/c/states/maps/modes.htm
http://deathpenaltycurriculum.org/student/c/states/maps/modes.htm