Changing+Interpretation(8-2)

__ Amendment 8(2) __

__Changing Interpretation of the Eight Amendment __

1789- **Bail required for all criminal defendants.** Through the Judiciary Act of 1789, one of the provisions states that whenever an arrest occurs in a criminal case, bail shall be available, except if the crime is punishable by death. In those cases the judge decides if its appropriate to have bail.

1890- **Execution by electrocution is not “cruel and unusual” punishment.** Only if the chosen method of execution involves “torture or a lingering death” does it violate the Eighth Amendment.

1 972- **Most death penalty statutes are declared unconstitutional.** The U.S. Supreme Court decides three cases known as a group by the name of Furman v. Georgia, Found that Georgia’s death penalty statute, which gives juries complete discretion in sentencing, violates the 8th amendment, arguing that death penalties had been rendered in an arbitrary and discriminatory manner. This ends Georgia’s death penalty and those in forty other states. Thirty-five states draft new death penalty laws to meet the Supreme Court’s concerns. Some create sentencing guidelines for judges and juries, specific lists of crimes for when the penalty should be used.

1976- **Death penalty is reinstated**. Death penalty laws are constitutional when they include limitations and sentencing guidelines. The ruling upholds many of the newly passed state death penalty laws and permits executions to resume.

1987- **“Preventive detention” is found constitutional.** Bail Reform Act of 1984, allows suspects to be detained solely on an appearance of dangerousness. Does not violate 8th amendment with excessive bail, only enough to keep defendant from fleeing before trial.

2005- **Death penalty ruled out for juvenile offenders.** Strikes down state death penalty laws for those 17 and younger as “cruel and unusual” punishment.