Punishment

Question 1

Eighth Amendment Standards

Answer 1

The Eighth Amendment prohibition against cruel and unusual punishment disallows criminal penalties that are grossly disproportionate to the seriousness of the offense committed.

Question 2

8th Amendment and the Death Pentalty: Stautory limitations

Answer 2

A death penalty statute would violate the Eighth Amendment if it created an automatic category for the imposition of the death penalty.

Question 3

8th Amendment and the Death Pentalty: Evidentiary Requirements

Answer 3

n deciding whether to impose the death penalty, jurors must be allowed to consider all potentially mitigating evidence.

Question 4

8th Amendment and the Death Pentalty: Categorical Exclusions

Answer 4

• The Eighth Amendment prohibits the imposition of the death penalty against three categories of defendants:
  
  • (1) defendants with mental retardation
  • (2) defendants who are presently insane
  • (3) defendants who were under the age of 18 at the time the relevant offense occurred (not their present age)
  • (4) life imprisonment under 18yo w/out parole who did not kill anyone