Mod 8 CH 12

In Trop v. Dulles, the Supreme Court held that the standard for determining whether a punishment is cruel and unusual is:

"evolving standards of decency "

Defendants cannot be sentenced to life without parole for a non-homicide crime if, when they committed the crime, they were below the age of:

18

Though in the past some states have approved of executing offenders as young as 15, the Supreme Court has held that no one who committed a capital offense shall be sentenced to death if, when they committed the crime, they were under the age of

18

Which has NOT been held to be cruel and unusual punishment?

Execution by firing squad.

Which of the following has been held to be a violation of a prisoner's right against cruel and unusual punishment?

Exposure to second-hand smoke posing an unreasonable risk of damage to health.

The landmark case in which the Supreme Court called for a ban on the death penalty in Georgia, ruling its law was capricious, and hence, cruel and unusual punishment is:

Furman v. Georgia

The Supreme Court upheld corporal punishment as necessary for the proper education of a child and maintenance of group discipline and not an Eighth Amendment issue in:

Ingraham v. Wright

The practice established for individuals deemed a threat to society or likely to flee is:

Preventive detention

The Supreme Court ruled that capital punishment can only be imposed by a jury or by a judge following a jury's recommendation in:

Ring v. Arizona

Which is NOT a purpose of bail?

Sanction the offender.

The Supreme Court held that any amount of bail exceeding that necessary to ensure a return to trial violated the Eighth Amendment in the case of:

Stack v. Boyle

The Supreme Court" "proportionality analysis" of sentences includes all of the following, EXCEPT:

an analysis of punishments for the same offense from an historical perspective.

In Wilson v. Seiter, the Supreme Court ruled that prisoners must not only prove prison conditions are objectively cruel and unusual but also show that they exist because of officials':

deliberate indiference

The definition of cruel and unusual punishment is:

dependent on society

The prohibition against excessive fines:

does not apply in civil cases

The Eighth Amendment's prohibition against excessive fines:

does not apply to any states.

Bail is forfeited when the defendant is

doesn't appear in court

In United States v. Ursery, the Supreme Court ruled that since forfeiture is a civil action and not an additional criminal action, it is not:

double jeopardy

Courts have used all of the following in assessing what constitutes cruel and unusual punishment, EXCEPT whether the punishment:

is specifically prohibited in the Eighth Amendment.

In United States v. Salerno, the Supreme Court stated that which one of the following, under the Bail Reform Act of 1984, did NOT violate due process or the Eighth Amendment.

preventive detention

The general rule under the Eighth Amendment is that punishments must be:

proportional or directly related to the case

Bail is excessive under the Eighth Amendment if it is set at a figure higher than an amount

reasonably calculated to fulfill its purpose

Asset forfeiture is constitutional in each of the following circumstances EXCEPT when:

the forfeiture is "grossly disproportionate" to the offense .

The Supreme Court has prohibited execution of each of the following EXCEPT:

the handicapped

Under asset forfeiture, the most frequently seized assets are:

vehicles