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Rights and Liberties in the USA

The death penalty and the Eighth Amendment

  • 3 things to know
  • A2 Unit 4

Overview

Evolving standards of decency and role of international comparison in the American death penalty debate.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Key term

What does the Eighth Amendment prohibit?

Numbers

What is meant by evolving standards of decency?

Key term

Why does the death penalty exist in some states and not others?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What does the Eighth Amendment prohibit?

    Model answer

    Excessive bail, excessive fines, and cruel and unusual punishments.

  2. 2

    What did Furman v Georgia (1972) decide?

    Model answer

    That the death penalty as then administered was unconstitutional because it was applied arbitrarily.

  3. 3

    What did Gregg v Georgia (1976) decide?

    Model answer

    That capital punishment is not inherently unconstitutional, and it may be imposed under statutes that guide sentencing discretion.

  4. 4

    What did Atkins v Virginia (2002) hold?

    Model answer

    That executing people with intellectual disability is cruel and unusual punishment.

  5. 5

    What did Roper v Simmons (2005) hold?

    Model answer

    That the death penalty may not be imposed for crimes committed under the age of eighteen.

  6. 6

    What is meant by evolving standards of decency?

    Model answer

    The principle that what counts as cruel and unusual is judged against contemporary standards rather than those of 1791.

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