Michelle PalaroCJUS 2360Fall 2015

A Foundation for Understanding Constitutional Law

Chapter 12The Eighth

Amendment: Bail, Fines, and Punishment

Introduction The 8th Amendment protects three rights:

o That excessive bail shall not be requiredo That excessive fines shall not be imposedo That cruel and unusual punishment shall not

be inflicted This Amendment has a lot of controversy

because of interpretations about whether the death penalty is cruel and unusual

Bail Money or property pledged by a defendant for

pretrial release from custody that would be forfeited should the defendant fail to appear at subsequent court proceedings

Bail serves two purposes:1. Helps to assure the appearance of the accused at court

proceedings2. It maintains the presumption of innocence by allowing

individuals not yet convicted of a crime to avoid continued incarceration

Also allows individuals to:o Prepare a defenseo To continue earning income if employed

Bail, cont’d Bail itself is not guaranteed under the 8th

Amendmento Only excessive bail is prohibited, which is not

clearly definedo Bail may be denied in capital cases and when

the accused has threatened possible trial witnesses

o The excessive bail prohibition has never been formally incorporated to apply to the states under the 14th Amendment, allowing states to deal with it through their constitutions, legislation and case law

The Bail Reform Act of 1984 Granted judicial authority to include

specific conditions of release for the community's safety

Allows judges to consider the potential criminal conduct of those accused of serious offenses and deny bail on those grounds

Bail Case Law Jackson v. Indiana (1972)

o Government may detain dangerous defendants who may be incompetent to stand trial

o http://en.wikipedia.org/wiki/Jackson_v._Indiana Addington v. Texas (1979)

o Government may detain mentally unstable individuals who present a public danger

o http://en.wikipedia.org/wiki/Addington_v._Texas United States v. Salerno (1987)

o Pretrial detention under this act did not violate the 8th Amendment

o http://en.wikipedia.org/wiki/United_States_v._Salerno

Stack v. Boyle , 342 U.S. 1 (1951)

Facts: Members of the Communist Party were charged with conspiring to teach overthrowing the government, and were unsuccessful in a motion to reduce $50,000 bail

Issues: Was the bail excessive under the 8th Amendment?

Holding: Yes Rationale: Bail set at a figure higher than an

amount reasonably calculated to fulfill its purpose is excessive under the 8th Amendment

http://en.wikipedia.org/wiki/Stack_v._Boyle

Fines The prohibition against excessive

fines has not been incorporated, so it does not apply to the states

Excessive fine prohibition does not apply in the civil areao Because civil cases are between

private parties and the Constitution regulates the government

Asset Forfeiture and the Prohibition against Excessive Fines

Asset Forfeitureo The seizure by the government, without

compensation, of money and property connected with illegal activity

Property connected with illegal activity may be forfeited when used as a conveyance to transport illicit drugs

Real estate used in association with a crime and money or other negotiable instruments obtained through criminal activity also can be seized and is considered a civil sanction by the government

Austin v. United States , 509 U.S. 602 (1993) Facts: Austin pled guilty to one count of

possessing cocaine with intent to distribute. Agents seized his mobile home and auto body shop

Issues: Was the forfeiture excessive? Holding: Yes Rationale: The Supreme Court ruled that the 8th

Amendment prohibition against excessive fines applies to civil forfeiture proceedings against property connected to drug trafficking. The amount seized must bear some relation to the value of the illegal enterprise under the 8th Amendment

https://www.law.cornell.edu/supct/html/92-6073.ZS.html

Cruel and Unusual Punishment

The final clause of the 8th Amendment

What is “cruel and unusual?”o Depends on what society believes it to

be

Coker v. Georgia , 433 U.S. 584 (1977) Facts: While serving several sentences for rape,

defendant escaped prison and raped another victim. He was sentenced to death after capture and trial

Issues: Is the death sentence disproportionate to crime under 8th Amendment?

Holding: Yes Rationale: Punishment is excessive and

unconstitutional if it makes no measureable contribution to acceptable goals of punishment and hence is nothing more than the purposeless and needless imposition of pain and suffering. Also, if it is grossly out of proportion to the severity of the crime (a crime without homicide getting a death sentence)

http://en.wikipedia.org/wiki/Coker_v._Georgia

Cruel and Unusual Punishment The courts have used three inquiries in assessing

constitutionality of cruel and unusual punishment:1. Whether the punishment shocks the general conscience of

a civilized society2. Whether the punishment is unnecessarily cruel3. Whether the punishment goes beyond legitimate penal

aims The Supreme Court has established three criteria

for proportionality analysis (making the punishment fit the crime):1. The gravity of the offense and the harshness of the

penalty2. The sentences imposed on other criminals in the same

jurisdiction3. The sentences imposed for the commission of the same

crime in other jurisdictions

Ewing v. California

Ewing v. California, 538 U.S. 11 (2003)

Facts: Defendant given a sentence of 25 years to life imprisonment for felony theft under “three strikes” sentencing

Issues: Was the sentence cruel and unusual? Holding: No Rationale: 5 to 4 vote held that California’s

three strikes law did not violate the 8th Amendment under the proportionality principle. Such laws were a "deliberate policy choice" on the part of legislatures to isolate those who have "repeatedly engaged in serious or violent criminal behavior" from the rest of society in order to protect public safety

Graham v. Florida

Graham v. Florida, 130 S.Ct. 2011 (2010)

Facts: Graham was 16 when he committed armed burglary and another crime. Under a plea agreement, the court sentenced Graham to probation and withheld adjudication of guilt. Later, the court found that he had violated the terms of his probation by committing additional crimes. The court found him guilty of the earlier charges, revoked his probation, and sentenced him to life in prison for the burglary

Issues: Is it unconstitutional to sentence someone to life in prison without the possibility of parole for a non-homicide crime committed under the age of 18?

Holding: Yes Rationale:  The Court found the sentence to be a

violation of the Eighth Amendment ban on cruel and unusual punishment if a youth “did not kill or intend to kill”

Furman v. Georgia

Furman v. Georgia , 408 U.S. 238 (1972)

Facts: While robbing a home, Furman woke up the owner. However, in the midst of his attempt to escape, a firearm that he had been carrying was discharged striking and killing the owner of the home. State law allowed the jury to impose death for a killing during a felony such as burglary

Issues: Was this procedure cruel and unusual? Holding: Yes Rationale: Ruled its law as it stood was

capricious and hence, cruel and unusual punishment. The Court ruled that the states had to give judges and juries more guidance in capital sentencing to prevent discretionary use of the death penalty

Is Capital Punishment Cruel and Unusual?

Due to the Furman case, executions were suspended across the country

The federal government passed a new death penalty law instituting a new two - step process (bifurcated trial):1. Determine innocence or guilt2. Determine whether to seek the death

penalty

Who Can Be Executed? Mental Retardation

o Atkins v. Virginia (2002)• The Supreme Court has prohibited executing

the mentally retarded The Mentally Ill

o The Supreme Court banned execution of the insane

o Ford v. Wainwright (1986)• An inmate that becomes mentally ill while in

prison cannot be executed

Atkins v. Virginia

Ford v. Wainwright

Roper v. Simmons

Roper v. Simmons , 543 U.S. 551 (2005)

Facts: 17 year old Simmons entered the home of the victim, committed robbery, bound the victim, and threw her off a bridge in a nearby state park, killing her. He was sentenced to death

Issues: Is it cruel and unusual to execute minors? Holding: Yes Rationale: Under the "evolving standards of

decency" test, the Court held that it was cruel and unusual punishment to execute a person who was under the age of 18 at the time of the murder. In support of the "national consensus" position, the Court noted the increasing infrequency with which states were applying capital punishment for juvenile offenders

8th Amendment and Corrections

8th Amendment rights are divides into two categories:1. Actions against individual prisoners2. Institutional conditions

Cases based on the 8th Amendment for prisoners include:o Overcrowdingo Solitary confinemento Corporal punishmento Physical abuseo Use of forceo Treatment and rehabilitation, or the right not to be

treatedo Death penalty

Prisoner Treatment and the 8th Amendment

The Supreme Court has been called on to determine whether conditions and actions within correctional institutions constitute cruel and unusual punishment

Rhodes v. Chapman (1981)o Double-celling and crowding do not necessarily

constitute cruel and unusual punishmento http://www.clearinghouse.net/detail.php?id=896

Wilson v. Seiter (1991)o Prisoners must prove prison conditions are

objectively cruel and unusual and show they exist because of officials’ deliberate indifference

o http://www.oyez.org/cases/1990-1999/1990/1990_89_7376