8.4 Eighth Amendment and capital punishment

The Eighth Amendment's prohibition on cruel and unusual punishment has shaped the evolution of capital punishment in the US. From Trop v. Dulles to Kennedy v. Louisiana, the Supreme Court has refined its interpretation, considering evolving standards of decency and human dignity.

The debate over capital punishment remains contentious, with arguments for deterrence and retribution countered by concerns about wrongful executions and racial disparities. Mitigating factors in sentencing aim to ensure individualized justice, balancing the nature of the crime with the offender's circumstances.

Constitutional Foundations and Interpretations

Cruel and unusual punishment prohibition

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• Eighth Amendment text prohibits excessive bail, fines, and cruel and unusual punishments
• Ratified in 1791 as part of Bill of Rights, influenced by English Bill of Rights (1689)
• Key concepts include proportionality of punishment to crime, evolving standards of decency, and human dignity
• Applies to various forms of punishment including prison conditions, juvenile sentencing, and execution methods (solitary confinement, life without parole for juveniles, lethal injection)

Evolving standards for capital punishment

• Trop v. Dulles (1958) established "evolving standards of decency" test to interpret Eighth Amendment
• Furman v. Georgia (1972) temporarily halted capital punishment, deemed existing statutes arbitrary
• Gregg v. Georgia (1976) reinstated capital punishment, approved guided discretion statutes
• Coker v. Georgia (1977) prohibited death penalty for rape of adult woman
• Atkins v. Virginia (2002) banned execution of intellectually disabled individuals
• Roper v. Simmons (2005) prohibited death penalty for crimes committed by juveniles (under 18)
• Kennedy v. Louisiana (2008) restricted death penalty to crimes resulting in victim's death (murder)

Capital punishment debate in US

• Arguments for:
  • Deters future crimes
  • Provides retribution and justice for victims
  • Incapacitates dangerous offenders permanently
  • Potentially cost-effective compared to life imprisonment
• Arguments against:
  • Risk of executing innocent individuals (DNA exonerations)
  • Racial and socioeconomic disparities in application (death row demographics)
  • Lack of conclusive evidence for deterrence effect
  • Ethical concerns about state-sanctioned killing
  • Conflicts with international human rights standards (UN resolutions)
• Public opinion trends show shifting support over time (Gallup polls)
• Alternatives include life imprisonment without parole

Mitigating factors in sentencing

• Lockett v. Ohio (1978) required consideration of mitigating factors in capital cases
• Mitigating factors include:
  • Mental illness or intellectual disability
  • Childhood trauma or abuse
  • Lack of prior criminal history
  • Age of offender
  • Role in crime (accomplice vs primary actor)
• Aggravating factors consider:
  • Nature and circumstances of crime (premeditation, cruelty)
  • Prior criminal record
  • Future dangerousness
• Bifurcated trial process separates guilt and penalty phases
• Jury instructions require weighing aggravating and mitigating factors
• Individualized sentencing ensures punishment fits crime and individual, reduces arbitrariness
• Challenges include subjectivity in weighing factors and variability across jurisdictions (state laws)