{"id":30942,"date":"2016-04-04T20:33:53","date_gmt":"2016-04-05T01:33:53","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/amendment8\/annotation03.html"},"modified":"2024-08-01T15:16:43","modified_gmt":"2024-08-01T20:16:43","slug":"annotation03","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/amendment8\/annotation03.html","title":{"rendered":"The Eighth Amendment and the Death Penalty"},"content":{"rendered":"\n
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The Eighth Amendment and the Death Penalty<\/h1>\n
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\n By Linda Sanabria, J.D.<\/a> | Legally reviewed by Edward Maggio, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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The Supreme Court has held that a death sentence is not inherently cruel and unusual. However, it has handed down many decisions that define when and how the death penalty can be used. <\/p>\n\n <\/div>\n\n

The Eighth Amendment comprises one of the fundamental rights outlined in the Bill of Rights. It provides several important protections for people convicted of a crime. The most widely known part of the amendment is the protection against "cruel and unusual punishment."<\/p>\r\n

Unsurprisingly, this is the constitutional language often discussed when it comes to the death penalty in America. Over the years, the Supreme Court has had to decide whether the Eighth Amendment bars or limits the use of the death penalty. And if so, to what extent?<\/p>\r\n

Frequently Asked Questions<\/b><\/h2>\r\n

Below, we answer a few frequently asked questions regarding the Eighth Amendment and the death penalty. Later in the article, we discuss important case law on this topic.<\/p>\r\n

Does the death penalty violate the Eighth Amendment?<\/b><\/h3>\r\n

The Supreme Court has held that a death sentence is not inherently cruel and unusual. But, they have concluded laws that make the death penalty mandatory with no discretion are cruel and unusual.<\/p>\r\n

The jury or trial judge generally has discretion to consider the individual defendant and their crime. The Supreme Court has also identified certain types of cases<\/u><\/a> where the death penalty rises to the level of cruel and unusual punishment. For example, in  Atkins v. Virginia<\/i><\/a>,<\/i> the court held that it was unconstitutional to execute defendants who were mentally disabled.<\/p>\r\n

Can a teenager get the death penalty?<\/b><\/h3>\r\n

No. In 2005, the Supreme Court held in Roper v. Simmons<\/u><\/i><\/a> that juvenile offenders could not be executed.<\/p>\r\n

What crimes qualify for the death penalty?<\/h3>\r\n

At the federal level, only a few crimes qualify for the death penalty, including acts of terrorism resulting in death<\/a> and murder in connection to drug trafficking<\/a>.<\/p>\r\n

States can generally decide what punishments are appropriate for a given crime. But the U.S. Supreme Court will sometimes weigh in. For example, in Kennedy v. Louisiana<\/i><\/a> <\/i>(2008),<\/i> the Supreme Court held that the death penalty was disproportional in a case involving the rape of a child.<\/p>\r\n

What the Eighth Amendment Says<\/b><\/h2>\r\n

The Eighth Amendment of the U.S. Constitution stands as a pillar of protection. It protects us against excessive punishment. It also protects the rights of individuals facing legal proceedings. Its language encapsulates fundamental principles of fairness in the realm of criminal justice.<\/p>\r\n

The Eighth Amendment states:<\/p>\r\n

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."<\/i><\/p>\r\n

At its core, this clause articulates three distinct protections:<\/p>\r\n