Eighth Amendment (6th and 8th Amendment Quiz) – Flashcards

Excessive bail should not be required nor excessive fines imposed, nor cruel and unusual punishments inflicted. -One applies before trial and the other two after a person has been convicted of a crime

8th Amendment prohibits excessive bail, bail may be denied in capital cases (those involving the death penalty and when the accused has threatened possible trial witnesses.

the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court -based on the principle that a person is innocent until proven guilty

passed by Congress, allowed federal courts for the first time to deny bail on the basis of danger to the community, not simply as a risk of not appearing at trial

In civil lawsuits, the plaintiff usually seeks damages from the defendant to right an alleged (declared without proof) wrong

the penalty of death for a crime

1. deterrence: to keep or discourage someone from dong something through fear, doubt, etc.. 2. retribution: paying a criminal back for harm done

1. Guilty phase 2. Sentencing phase

the judge or jury decides whether or not the accuse was in fact guilty of a crime

the judge or jury determined whether or condemn the convicted defendant to death based on two criteria set by law: 1. Aggravating circumstances 2. Mitigating circumstances

circumstances that made the crime more serious; horrible and inhumane crimes

circumstances that lesson the seriousness of the crime: background and character of the defendant

The supreme court has upheld the death penalty for the crimes of murder, but not for other crimes

A writ of habeas corpus is used to bring a prisoner or other detainee before the court to determine if the person's imprisonment or detention is lawful.

... be related to the crime, so execution is appropriate only in cases of murder- a life for a life

While a felony is being committed and a murder takes place, the person committing the felony would charged with murder. This rule allows a defendant who is an accomplice to be convicted for a murder- even if they did not actually pull the trigger. Ex: person 1 hits person 2's car, person 2 dies, person 1 charged with murder. - The supreme court has restricted (kept within limits) death sentencing under the felony-murder rule

even though the death penalty is constitutional, the method used to carry it out might not be -the 8th amendment prohibits: "inhuman and barbarous" methods of execution that go beyond the extinguishment of life and cause "torture and lingering death"

gas chambers, firing squad, hanging, lethal injection, electrocution

Mitigating circumstances: defendants got a lesser sentence because of these circumstances - Difficult family history -new religious faith -not a threat to the community -worked with police Aggravating circumstances: -rape -mutilated her body shot her in the head