Political Awareness

Understanding the 8th Amendment

Eighth Amendment:  “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”.

Before the creation of the Eighth Amendment, preventing cruel and unusual punishment meant prohibiting acts such as torture. New legislation, laws, and policies shape what we now define as cruel and unusual punishment. This ranges from excessive fines, life without parole, or even revocation of a individuals citizenship. Lawmakers and courts work to uphold all individuals rights while protecting them from abuse and balancing the responsibility to protect and serve.

Key Clauses Explained Further

• Excessive bail:
  • Protects individuals from the government requiring unreasonable bail to secure a person’s release from jail while awaiting trial.
• Excessive fines:
  • Limits the government’s power to impose fines that are not proportionate to the offense committed.
• Cruel and unusual punishments:
  • The government cannot inflict punishments that are considered cruel, inhuman, or degrading.

Formative Cases for the Eighth Amendment

Weems v. United States (1910): Established the principle that punishments must be proportionate to the offense.

1. Paul Weems, an official of the Bureau of Coast Guard and Transportation, was convicted of falsifying a public document.
2. During this time, the Philippines was a U.S territory and therefore under its laws. Because of this, Weems was given a 15-year punishment.
3. Weems appealed his case under the claim that his punishment was heavily disproportionate to the crime and violated his Eighth Amendment right.
4. The U.S Supreme Court agreed with Weems, and his conviction was overturned.

Furman v. Georgia (1972): Led to a temporary end to the death penalty across the United States by declaring the death penalty unconstitutional.

1. After fleeing from a burglary, William Furman’s gun allegedly accidently discharged, killing the homeowner.
2. Furman claimed this was an accidental shooting, but his trial resulted in him receiving the death penalty.
3. After appealing his case, the U.S Supreme Court ruled in favor of Furman, stating, the death penalty in this case was administered unconstitutionally. They stated that Furman’s punishment was discriminatory and overturned his conviction.

Solem v. Helm (1983): Created the proportionality scope in the Eighth Amendment. Demonstrated that a cruel and unusual punishment could be applied to more than just physical punishment. 

1. Jerry Helm, convicted previously for six non-violent felonies, was arrested and tried again for writing a bad check.
2.  This being his seventh conviction, he was given the maximum penalty for a class one felony.
3. Under South Dakota’s habitual offender statute, a person convicted of four felonies could be given this punishment.
4. After appealing to the U.S Supreme Court, Helm’s conviction was overturned due to the cruel nature of this punishment.

Graham v. Florida (2010): It is unconstitutional for a juvenile offender to be sentenced to life in prison without parole in non-homicide crimes. Established a barrier that gave children the chance for rehabilitation once they were released. 

1. 16-year-old Terrance Graham was arrested for armed burglary and attempted robbery. After serving time, he was later released.
2. After being released, Graham was involved in another robbery. At the trial, it was decided that since his probation was violated, he would now be sentenced to life in prison without parole. This decision was made even though no people were killed during this robbery.
3. Graham appealed his case to the U.S. Supreme Court, stating his sentence was a violation of his Eighth Amendment right. Agreeing with his appeal, the U.S. Supreme Court overturned his conviction.

Miller v. Alabama (2012): A mandatory life sentence without parole for children 17 or younger convicted of homicide is unconstitutional.

1. 14-year-old Evan Miller and friends beat, robbed, and killed a man in his own trailer.
2. During the trial, Miller was tried as an adult and received a mandatory life sentence with no chance of parole.
3. His lawyers appealed his case, stating the punishment of life without parole was unconstitutional even in a case involving homicide.
4. The U.S Supreme Court ruled that life sentences without parole for juveniles were unconstitutional, even in cases involving homicide.
5. This did not ban this type of sentencing for minors, but instead instilled more cautionary measures judges now take when presiding over cases involving a minor.

Creech v. State (2024): Established that a second execution attempt does not violate the Eighth Amendment. 

1. Thomas Eugene Creech, a convicted serial killer, was later sentenced to the death penalty for the murder of another prisoner in 1981.
2. Sentenced to death in 1995, his execution took place in early 2024. However, the attempt failed due to an inability to find any intravenous access.
3. After these events, Creech filed a petition asking for post-conviction relief. He argues that any more attempts to successfully execute his conviction would violate his constitutional rights under the Fifth and Eighth Amendments.
4. The District Court dismissed Creech’s petition, stating his constitutional rights were still intact and were in no way violated,  as he was not being tried for further charges, and the failed execution did not involve any malicious infliction of pain. This decision was affirmed by the Supreme Court of Idaho.

Challenges Involving the 8th Amendment

• Concerns are being raised over what can be defined as cruel and unusual punishment. With societal opinions changing as time goes on, what is considered a cruel punishment may change. Not only that, as each crime is not the same, there is no standardized answer regarding what a fitting punishment would be.
• The death penalty is another subject that has been highly debated. There are opponents and supporters who both have opinions on whether this is an ethical or fair method of punishment in our modern society.
• Questions regarding methods that can be used to uphold humane conditions within prisons while adapting to the number of inmates coming and going.
• How sentencing differs in juvenile and adult cases.
• The impact of punishment, such as long-term solitary confinement, has on an individual’s mental health and how it impacts them after being released.

Conclusion

The Eighth Amendment was created as a protection against punishments that were excessive compared to the crime committed. Over time, it has become the backbone of the American legal system, with ongoing debates influencing what this amendment will look like as we pave the way for future generations.