Interpreting the Constitution- 8th Amendment

Interpreting the Constitution

8th Amendment- Cruel and Unusual punishment

Multiple Choice

Was the malfunctioning electric chair “cruel and unusual punishment” under the 8th Amendment?

• Yes

• No

• Maybe

Multiple Choice

Is second-hand smoke “cruel and unusual punishment” under the 8th Amendment?

• Yes

• No

• Maybe

Multiple Choice

Was not doing an X-Ray “cruel and unusual punishment” under the 8th Amendment?

• Yes

• No

• Maybe

Multiple Choice

Was beating up the prisoner “cruel and unusual punishment” under the 8th Amendment if the injuries were not serious?

• Yes

• No

• Maybe

Multiple Choice

Is it “cruel and unusual punishment” under the 8th Amendment to execute a person who has an intellectual disability?

• Yes

• No

• Maybe

What are special circumstances?

These are facts or situations that don’t relate to the question of the defendant’s guilt, but that support leniency (reducing a sentence).

Examples of special circumstances

• Minor Role

• Unusual circumstances

• No harm

• Lack of record

• Necessity

• Remorse

• Difficult personal history

Multiple Choice

Was it “cruel and unusual punishment” under the 8th Amendment for the state law to allow the death penalty but prohibit looking at special circumstances?

• Yes

• No

• Maybe

Multiple Choice

Was it “cruel and unusual punishment” under the 8th Amendment to give the death penalty to someone under 18?

• Yes

• No

• Maybe

Multiple Choice

Was paddling the public school student “cruel and unusual” under the 8th Amendment?

• Yes

• No

• Maybe