Amendment+8+(4)

Court Cases:

Atkins v. Virginia:  Overview:  On August 16, 1996 around midnight, Daryl Atkins and his accomplice, William Jones, had been drinking and smoking marijuana. Later that night they walked to a nearby convenience store where they kidnapped Eric Nesbitt. They were not happy with the $60 he had on him so in his car they drove to a nearby ATM where they had him withdraw $200. Then, they proceeded to drive to a isolated location where Nesbitt was shot eight times, causing his death. Atkins was found guilty of Capital Murder and sentenced to death, Jones was sentenced to life in prison in return for a full testimony against Atkins.  Atkins defense had Atkins take an IQ test where he scored a 59, and on this they proposed that he was “mildly mentally retarded”, but the sentencing was still upheld. He appealed his case on the grounds that the execution of the mentally retarded is a cruel and unusual punishment prohibited by the eighth amendment. Outcome:  Executions of mentally retarded criminals are cruel and unusual punishments prohibited by the eighth amendment. The Death Penalty would not be an effective deterrence against other mentally retarded criminals, since they have limited understanding ability and skills in communication and self-direction. Also, mentally retarded persons may confess to crimes they did not commit.

Coker v. Georgia:  Overview:  While Erlich Anthony Coker was serving sentences for rape, kidnapping, one count of first degree murder and aggravated assault, he escaped from prison. He broke into the home of Elnita Carver, raped her, and stole the family’s vehicle. Coker was convicted with rape, armed robbery, and the other offenses. He was sentenced to death after the jury found two circumstances: the rape was committed by a person with prior convictions for capital felonies, and that the rape was committed in the course of committing another capital felony, armed robbery. Coker stated that his sentencing was disproportionate from the crime he had committed and is excessive therefore being prohibited by the eighth amendment.  Outcome:  The court said that rape is the ultimate violation of self, besides homicide. Rape deserves punishment, in terms of moral depravity, and does not compare to murder which is the unjustified taking of human life. The court concluded that the death penalty is excessive punishment for “the rapist who, as such, does not take human life.”

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Wilkerson v. Utah:  Overview: <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;"> In 1817 a man pleaded not guilty of murdering William Baxter. The court then found him guilty. The territory of Utah then was able to sentence a person to death if convicted of a capital offense, by shooting, hanging or beheading the person convicted of the capital offense

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">Roper v. Simmons: <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;"> Overview: <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;"> Christopher Simmons was a 17 year old boy who had a plan to perform a breaking and entering and rob and murder Shirley Cook. He planned it with two of his friends but one of them backed out. After the B&E they tied up Shirley and tossed her off of a bridge. When Simmons turned 18 he was sentenced to death. Simmons wrote a petition and it was rejected. He then filed another one arguing that in the Atkins’ case the constitution prohibits the execution of a juvenile who was under 18 when they committed the crime. So Simmons was sentenced to life imprisonment without eligibility for release. This case changed the system by being able to sentence a minor to life in prison without parole, but can’t be sentenced to death.

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">Gregg v. Georgia: <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;"> Overview: In 1976, Troy Leon Gregg was convicted of armed robbery and murder. He was found guilty of both in two separate trials. Gregg argued for another appeal to which he was granted. Gregg said that the death penalty was cruel and unusual due to the ruling of the 1972 Furman case, to where it was ruled cruel and unusual due to it being randomly assigned based on race, wealth or mental condition. The courts went to vote, and in an astonishing 7-2 vote, they found that the death penalty was not in fact cruel and unusual in this circumstance. Due to the aggravated robbery and murder, the courts did not over turn the death penalty. <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;"> Outcome: Troy Leon Gregg’s death punishment was not abolished. The courts said that because the murder and robbery he committed was aggravated. This led the courts to look at whether the murder was aggravated or not. In Gregg’s case, because the murder was aggravated, his death penalty was carried out.

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">Furman v. Georgia: <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;"> Overview: <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;"> In the middle of the night on August 11, 1967, William Joseph Micke, awoke in the middle of the night because he heard a strange noise in his kitchen. When he walked downstairs, he surprised the burglar, William Henry Furman, a 26 year old black male. Furman was frightened and began to flee the scene. Furman testified that while fleeing, he tripped, and the weapon he was carrying fired off, accidentally killing the victim. The police, however, believed that Furman had turned and intentionally killed the victim. On trial, Furman was tried for murder. He was found guilty and sentenced to death, though the punishment was never carried out. <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;"> Outcome: <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;"> Furman was never actually put to death by the state of Georgia. In a 5-4 vote, it was decided that the death penalty was cruel and unusual in Furmans case. The justices decided that it would violate the 8th and 14th amendments if Furman was put to death. The court used their document Per Curiam in making the decision that the death penalty was cruel and unusual. The outcome caused the courts to look strongly at racial bias when deciding court cases. At the time, black, poor and mentally ill men received the death penalty more often than white, educated, rich men. This case impacted the United States because of racial profiling. After Furman v Georgia, the courts had to look much more strongly at the race of the defendant, to make sure no racial profiling occurred in the decision being made by the courts.

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">Ford v. Wainwright

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">Alvin Bernard Ford was convicted of murder in a Florida state court and was sentenced to die. when he was being tried, there was no sign that he was incompetent. however, later he began to show signs of a mental disorder. The Governor appointed 3 psychiatrists to decide if he was fit to be executed. all three came up with different reports, but they all agreed that he knew the consequences for his actions and he could be executed.

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">Kansas v. Marsh

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">Michael Lee Marsh was condemned to death for murdering a mother and her daughter. the rule was, once it is proven that the defendent has done it, the defendent can argue that he or she should not be put to death, but the burden of proof lies on the defendant. he protested, and the rulign was changed to "fundamental fairness requires that a 'tie goes to the defendant' when life or death is at issue."

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">The 8th Amendment <span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">Interview Questions

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">1. What are your thoughts on the death penalty in the United States? Do you personally believe that the death penalty should be abolished in the United States? If so, why?

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">2. Do you personally believe mentally retarded criminals should be sentenced to death, based on the severity of the case? Mentally retarded, in this case, is any person or persons that score below a 70 on any state sanctioned IQ test.

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">3. Do you believe a person that commits rape, but does not murder the victim should be sentenced to death? Currently, thanks to the Coker V Georgia case, any person or persons that commit rape will not receive the death penalty if they do not take the life of the victim.

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">4. Do you believe persons under 18 should be sentenced to death, based on the crime they committed? For example, if a person under 18 years of age commits an aggravated murder, should they be sentenced to death?

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">5. Where do you personally think capital punishment will be 10 years from now? Will it be abolished completely? Or will it perhaps be easier for the states to assign?

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">6. Do you think that sentencing someone to life without parole is simply a waste of the tax payers money?

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">Group Prediction:

<span style="background-color: transparent; color: #000000; font-family: Arial; font-size: 14.6667px; text-decoration: none; vertical-align: baseline;">We think as a group, that the death penalty will have many more restrictions. This means that before someone is sentenced to death, there will have to be many stipulations met in their court case. The death penalty is getting harder and harder for states to assign. Over the years, with amendments such as no one under the age of 18 can be sentenced to death, and no one that commits rape can be sentenced to death, the death penalty has become hard for states to assign to criminals. Most all criminals can fight the death penalty based on some other court case. We think that in 10 years, the death penalty will be extremely hard for the courts to assign, almost to the point where it is nonexistent. If the death penalty continues to become further amended, it will become nonexistent. With states cracking down on their crime rates, and the punishment criminals receive, the death penalty is becoming more and more scarce as the years go by.