CrimPro EIGHTH AMENDMENT

EIGHTH AMENDMENT: What is it?

• Prohibits excessive bail, fines, or cruel and unusual punishment.

EIGHTH AMENDMENT: What makes bail excessive and when can it be denied?

• Bail is excessive if it is higher than reasonably necessary to assure an appearance

• Bail may be denied for capital cases, dangerous defendants, flight risks, and requires clear and convincing evidence

• Eighth amendment prohibits excessive bail by the federal government, and does not apply to the state government, though almost all states constitutions mimic this right.

• Bail’s purpose is to ensure defendant’s appearance, not to punish.

EIGHTH AMENDMENT: What is the Excessive Fines Clause?

• A clause which is a test, applicable only to punitive (criminal) fines, which will violate the Eighth Amendment if it is grossly disproportionate to the offense.

EIGHTH AMENDMENT: What is considered cruel and unusual punishment in violation of Cruel and Unusual Punishment?

• Punishment is Cruel if it is a deliberate infliction of pain or deliberate indifference AND

• Punishment is Unusual if it is contrary to evolving standards or rarely used

EIGHTH AMENDMENT: Capital Sentencing Rules require death sentences to:

• Have individualized sentencing

• Juries may consider aggravating and mitigating factors

• Have guided discretion

• Mandatory death sentences are prohibited, and a JUDGE CANNOT IMPOSE DEATH ALONE.

• DEATH SENTENCE = JURY + AGGRAVATION + MITIGATION

EIGHTH AMENDMENT: What is the death penalty procedure?

• The defendant must be allowed to present:

  • Mitigating evidence &

  • Third-party guilt evidence

• Jury may hear victim impact evidence

• Jury should know life w/o parole is alternative

EIGHTH AMENDMENT: When is a sentence disproportionate?

• A sentence violates the 8th amendment if GROSSLY disproportionate - RARE

  • Even 3 strikes law for theft is not disproportionate

EIGHTH AMENDMENT: Who Cannot Receive the Death Penalty (3 scenarios)?

• Death penalty prohibited for:

  • intellectual disabilities

  • Crimes committed under age 18

  • Crimes where victim does not die

EIGHTH AMENDMENT: Regardless of offense, juveniles must receive ____________ sentencing. Can juveniles receive LWOP sentences?

• Must receive INDIVIDUALIZED sentences

• LWOP (life without opportunity of parole) cannot be issued to juveniles.