8th Amendment

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

3 Distinct Clauses:Excessive Bail ClauseExcessive Fines ClauseCruel and Unusual Punishment Clause

Such as…

Take a look at some real casesCruel and Unusual?

or

Don’t do the crime if you can’t do the time?

8th - Punishments for crimes be in proportion to the crime committed

HistoryMagna CartaEnglish Bill of

Rights

This poor guy…Titus Oates.

Oates was tried and convicted of lying in court.

His punishment:•Imprisonment •An annual ordeal which included being confined in a pillory for two days and one day of being whipped while tied to a moving cart.

Though the punishments were ordinary, they became extraordinary and excessive due to their repetition year after year.

**Several people had

been executed as a result of his untrue statements

in court POPISH PLOT

8th Amendment

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

3 Distinct Clauses:Excessive Bail ClauseExcessive Fines ClauseCruel and Unusual Punishment Clause

Such as…

Excessive Bail ClauseWhat is bail?

Def: an amount of money that must be given to a court by a person accused of a crime in order for them to be able to leave the jail before the trial (a PROMISE).

- If the person doesn't show up for his trial, then he forfeits the money he gave as bail.

- If the person shows up on their trial date, the bail money is returned to them.

How is bail determined?

#1 – Bail Rate Schedule (differs)

THEN TAKE INTO CONSIDERATION

- Severity of the Crime May deny if danger to the community

- Prior Criminal HistoryPriors – higher (or non-existent)

How is bail determined con’t? - Flight RiskIf YES – increase bail or deny- ex: Turn over passports, pilot’s license, etc…But if you have TIES TO THE COMMUNITY – probably not

- Released on their own recognizance – what is that? If judge thinks person is a NOT a flight risk, they don’t have a criminal history, and the crime is not viewed as a violent crime and not a risk to communityMerely sign a statement – they will return for trialIF NOT – ARREST WARRANT!

- Financial Resources

How do you afford that?That’s when you call these guys – BAIL BONDSMAN

Will LOAN the money FOR A FEE

How much does a bail bond cost?The cost of bail bonds are state regulated and will vary. In many instances, the average cost is 10% of the bond amount with travel fees, constable fees and court fees an additional expense. How long does it take to get

out of jail?30 minutes or as long as 48

hours.Have to give something as collateralCollateral is something of value placed with the bail agent which may be sold in the event of forfeiture of the bond (house, apartment, etc…) .

If the person doesn’t show up for trial, the bondsman loses his money as well… not a happy guy.

Who does the Bail Bondman call…?

Will find the person and RETURN them to the jail so that the Bondsman can get money back.

THE BOUNTY HUNTERSaka Fugitive Recovery Agents

Most well-known Dog Fugitive…Andrew Luster

He had been convicted in absentia on 86 counts including multiple rape charges connected to assaults in 1996, 1997 and 2000

Dog and his team to Mexico (living under an assumed name

Captured Luster

On their way to California, while still in Mexico, they were pulled over by Mexican police, and all four of them were jailed.

Once the authorities confirmed Luster's identity, he was sent to California to face his 124-year sentence.

Serial rapist 

Heir to Max Factor Cosmetics FortuneHad fled the United States in the middle of his trial

Want to be a Bounty Hunter in PA? Pennsylvania has 2 types of agent certification:Firearms and other lethal weapons. To qualify - at least 18 years oldUndergo a complete physical and psychological

evaluation. Background check You cannot have a conviction of any violent crime. When your application process is complete, you will

need to attend a certified lethal weapons training program. There are dozens of schools certified by the state to teach the classes.

You can have your training waived if you have been a law enforcement officer, taken previous classes or received similar training. Pennsylvania requires that you be recertified every 5

years to carry a lethal weapon or firearm. Application fees and certification training will cost

you at least $400. If you are already employed by a bail bond company, they may help you with the expense.

Graduating with a degree in criminal justice, sociology or public administration is helpful if you are interested in being a bounty hunter in Pennsylvania.  .

$$ How much will I make?

Paid a percentage of the total bail, usually 5-10%.

For example, if you recover a fugitive with a $5,000 bail, you can expect to make $500.

$3 million bail - $150,000

Excessive Fines Clause Prevents judges from levying excessive fines

In actuality, fines are rarely overturned by higher courts unless the judge abused his discretion when imposing the fine.

United States v. Bajakajian, (1998)

1993 – Family had attempted to leave the US with $357,144 without reporting this to customs officials as required by lawreporting of all international movements of currency with value in excess of $10,000. The US Government sought forfeiture of the entirety of the $357,144.

A United States district court judge found the forfeiture of the whole $357,144 to be grossly disproportionate and in violation of the Eighth Amendment. He ordered forfeiture of $15,000 in addition to the maximum fine of $5,000 and three years probation for failure to report.

Gov’t – Appellate Court – SAME RULING

Gov’t Supreme Court Decision: For Bajakaijian

Michael Raab celebrating on the steps of the United States Supreme Court after argument in US v. Bajakajian, where Mr. Raab wrote the winning legal briefs.

Cruel and Unusual Punishment ClauseThe 8th Amendment requires that punishments for crimes be in proportion to the crime committed. Punishments that are far greater than the crime should demand can be overturned by a higher court.For example, the courts have ruled

that the death penalty is out of proportion to any other crime than one where a murder is committed, except for crimes against the government such as treason and spying.Herbert Hans Haupt

22 years old - electric chair

Why not other crimes besides murder?

In 1977, the U.S. Supreme Court in Coker v. Georgia held that the death penalty for the rape of an adult was "grossly disproportionate" and an "excessive punishment," and hence was unconstitutional under the Eighth Amendment.

Some states passed new laws allowing the death penalty for the rape of a child.

In 2007, the Louisiana Supreme Court upheld the death sentence for Patrick Kennedy for the rape of his step-daughter, LOUISIANA v. KENNEDY

Struck down by the U.S. Supreme Court on June 25, 2008.

This decision held that the death penalty would be disproportionate for any offense against an individual that did not involve death of the victim.

As it relates to crimes against individuals, though, the death penalty should not be expanded to instances where the victim’s life was not taken.

-Justice Anthony Kennedy, writing for the majority in Kennedy v. Louisiana

Supreme Court recently addressed this issue

The courts have also ruled that if a sentence is inhuman, outrageous, or shocking to the social conscience, it is a cruel and unusual punishment under the 8th Amendment.

Such things as burning at the stake, castration, crucifixion, breaking on the wheel, cutting off body parts and so on, fall into this category.

Saw Torture

The Judas Cradle

Spanish Donkey

Rat Torture

The Brazen Bull

Hanged, drawn, and quartered

Is this cruel & unusual punishment?

The Debate over the Death Penalty and Limitations

Even so, the death penalty is "cruel and unusual" if there are mitigating factors that would prohibit death as a punishment

There are some people who believe all death penalties constitute a cruel and unusual punishment.

Others disagree, believing that death is an appropriate punishment in some cases.

Those who CANNOT receive the Death Penalty

Juveniles Thompson v. Oklahoma (1986)

Juveniles must be at least 16 years of age at the time of the crime, to receive the DP.

Roper v. Simmons (2004) A person must now be at least

18 years of age at the time of the crime, to receive the DP.

ALSO… [in 2010] the Court ruled that a sentence of life without the chance for parole, for any crime besides murder, is cruel and unusual punishment if the accused is under the age of 18.

George Stinney age 14The youngest person executed in the United States in the 20th century.Convicted in a 2- hour trial of the first-degree murder of two pre-teen white girls

Scott Allen Hain Executed – 2003 (age 32)Was the last person executed in the United States for crimes committed as a minor. Double murder–kidnapping he committed when he was 17 years old.

Those who CANNOT receive the Death Penalty

Intellectual Disability (formerly Mental

Retardation). (Atkins v. VA, 2001)Daryl Renard Atkins was convicted of abduction, armed robbery, and capital murder.

During Atkins' trial, the defense relied on one witness, a forensic psychologist, who testified that Atkins was mildly mentally retarded ( IQ of 59) . 

Supreme Court - executing mentally retarded individuals violates the Eighth Amendment's ban on cruel and unusual punishments, but states can define who is mentally retarded (IQ less than 70.)

Those who CANNOT receive the Death Penalty

Mentally insane. (Ford v. Wainwright, 1986)

Alvin Bernard Ford was convicted of murder of police officer in 1974 and sentenced to deathIn 1982, while on death row, Ford's mental health diminished to a point resembling paranoid schizophrenia

Ford began referring to himself as Pope John Paul IIIReported that he thwarted a vast Ku Klux Klan conspiracy to bury dead prisoners inside the prison walls Claimed he foiled an attempt by prison guards to torture his female relatives inside the prisonClaimed he would be personally appointing nine new justices to the Florida Supreme Court. Claimed he was "free to go whenever [he] wanted", because Ford theorized that anyone who executed him would in turn be executed

Died of natural causes in his cell age 37

In 1986, the Supreme Court ruled that states may not execute prisoners who are insane because they cannot comprehend why they are being punished. 

What if you are Wrongfully Accused?

http://www.cnn.com/2012/03/25/justice/wrongful-conviction-payments/index.html

Wrongfully Accused?240 people on Death Row

have been exonerated through DNA testing

nationwide40% have not received any form of assistance after their release.  

Only 27 states compensate the wrongfully convicted

PA – NO MONEY AWARDED

Existing compensation laws vary widely:Federal Crimes: a wrongfully imprisoned individual can receive a maximum of  $50,000 per year of wrongful incarceration with an additional $50,000 for each year spent on death row

State Law DIFFERS:Flat maximum total of $20,000regardless of the number of years spent wrongfully imprisoned$20,000 - $80,000 per year $50 per day (incarcerated)$1 million limitTO NO LIMIT (TEXAS - $6 million compensation)

Ex: Other states deny assistance falsely confessed or pled guilty

Is Lethal Injection, cruel & unusual?Basics of Lethal injection I. Consists of:

Sodium Thiopental (lethal dose—sedates person)Pancuronium Bromide (muscle relaxant—collapses diaphragm and lungs)Potassim Chloride (stops heart beat)

II. Usually pronounced dead approx. 7 minutes after LJ begins.

III. Cost per execution for drugs used: $86.08.

IV. Cost of one appeal to Ct. of Crim. Appls.: $40,000+

Average time on Death Row : 10.43 years.Cost per day in prison per offender: $62.00

Is Lethal Injection, cruel & unusual? THE CASEBaze v. Rees (2008) Ralph Baze and Thomas Bowling were sentenced to death

in Kentucky, and argued that executing them by lethal injection would violate the Eighth Amendment prohibition of cruel and unusual punishment.

The governing legal standard required that lethal injection must not inflict "unnecessary pain", and Baze and Bowling argued that the lethal chemicals Kentucky used carried an unnecessary risk of inflicting pain during the execution.

 United States Supreme Court upheld the constitutionality of a particular method of lethal injection Baze and Bowling are still on death row

What happens if it doesn’t work the first time?

Recently - Clayton Darrell Lockett April 29, 2014Suffered a heart attack after a failed execution by lethal injectionConvicted in 2000 of murder, rape, and kidnapping

Lockett was administered an untested mixture of drugs that had not previously been used for executions in the United States. Although the execution was stopped, Lockett died 43 minutes after being sedated. He writhed, groaned, convulsed, and spoke during the process and attempted to rise from the execution table fourteen minutes into the procedure, despite having been declared unconscious

Following Lockett's death, a fourteen-day stay of execution was granted for Charles Frederick Warner, an Oklahoma convict who had been scheduled for execution two hours after Lockett with the same combination of drugs.21 Death Row inmates filed suit afterwards

U.S. District Judge Stephen P.

Friot rejected arguments

Give larger dose