Constit. Criminal Law

Corporal Punishment

causing bodily harm through physical force, for example, whipping, flogging, or beating. Ruled in Ingraham v. Wright (1977).

Civil Asset Forfeiture Reform Act

In 2000 Congress approved the act, curbing federal law enforcement agencies' asset forfeiture authority and adding due process protections to ensure that property is not unjustly taken from innocent owners.

the Baze rule

In death penalty challenges claiming the method constitutes cruel and unusual punishment, the prisoner must: 1. Show that the method of execution presents a substantial risk of serious harm. 2. Identify an alternative that is feasible, readily implemented, and in fact significantly reduces the substantial risk of pain. Thus the court focuses on whether the manner in which the death penalty is carried out is constitutional. Since Baze, lethal injection drugs have become difficult to obtain by states.

Robinson v. California (1962)

Incorporated to apply to the states by the Eighth Amendment's right to freedom from cruel and unusual punishment.

Roper v. Sim

Ruled that executing a person under 18 is cruel and unusual punishment.

ROR

The court trusts them to appear in court when required. No bail money required.

Know what the general rule under the Eighth Amendment regarding punishments is.

The general rule is that punishments must be proportional or directly related to the crimes committed.

Preventive Detention

The right of judges to consider the potential criminal conduct of those accused of serious offenses and deny bail on those grounds.

True or False: Our criminal justice system is responsive not reactive, to social changes.

True

Department of Justice's Asset Forfeiture Program

The three goals of the program is: - enforcing law enforcement through equitable revenue sharing. -improving law enforcement cooperation - enhancing law enforcement through equitable revenue sharing. Forfeited assets must be used to further a department's crime-fighting mission.

Proportionality analysis

in essence, making the punishment fit the crime

Excessive Bail

is prohibited by the constitution.

How must a judge handle a jury's recommendation as to a sentence?

(Hurst v. Florida 2016) this case reinforces Ring but is not "new law". Therefore, the Court held that a jury must find each element necessary to impose the death penalty and make a recommendation to the judge. However, the judge is NOT required to follow the jury's recommendation.

Criteria for ROR

* varies from state to state* usually includes: the person's residential stability, a good employment record, and no previous convictions.

the Massachusetts Body of Liberties, enacted in 1641

provided a right to bail and prohibited cruel and inhumane punishment.

The Judiciary Act of 1789

provided for bail in non capital crimes.

Browning-Ferris Industries v. Kelco Disposal (1989)

questioned whether the Eight Amendment applied to civil punishments as well as criminal punishments. In criminal law, the government is always involved as a party to the case. The Eighth Amendment does not apply to awards in cases between private parties. It restricts only those fines directly imposed by and paid to the government.

Compensatory damages

reimburse, or compensate, the plaintiff for actual harm done, such as medical expenses or lost business.

Coker v. Georgia (1977)

the Court held that a "punishment is 'excessive' and unconstitutional" if it: 1. makes no measurable contribution to acceptable goals of punishment and hence is nothing more than the purposeless and needless imposition of pain and suffering 2. is grossly out of proportion to the severity of the crime.

United States v. Bajakajian (1998)

the Court ruled that a $357,144 forfeiture for failing to report to U.S. Customs that more than $10,000 was being taken out of the country was "grossly disproportionate" to the offense. The Court explained that forfeiture is a payment "in kind" to the government and is, thus a fine if it is punishment for committing some offense; therefore, the Excessive Fines Clause applies.

United States v. Salerno (1987)

the Court ruled that pretrial detention under this act did not violate due process or the Eighth Amendment. In this case the government charged Anthony Salerno with 29 counts of racketeering and conspiracy to commit murder. The court ruled that because the Bail Reform Act contained many procedural safeguards, the government's interest in protecting the community outweighed the individual's liberty.

United States v. Hazzard (1984)

the Supreme Court held that Congress was justified in denying bail to offenders who represent a danger to the community.

Gregg v. Georgia (1976)

the Supreme Court reinstated the Georgia death penalty by sustaining its revised death penalty law. Gregg also held that capital cases require two proceedings: one to determine guilt or innocence and the other to determine the sentence.

conveyance

the act of transporting something such as illicit drugs from one location to another.

Prison Litigation Reform Act

the act ordered state's prison system to eliminate overcrowding situation.

Commercial Bail

using the services of a bail bond person to post a defendant's bail for a fee. In the private bail bonding business, a bail bond provider posts a bond for upward of 10 percent of the bail amount with the court, to be paid if the defeindant fails to appear.

Furman v. Georgia (1972)

was the landmark case in which the Supreme Court called for a ban on the death penalty in Georgia, ruling its law as it stood was capricious and, hence, cruel and unusual punishment.

Identify what three rights are protected by the Eighth Amendment.

─That excessive bail shall not be required. ─That excessive fines shall not be imposed. ─That cruel and unusual punishment shall not be inflicted.

Bail

The money or property pledged by a defendant for pretrial release from custody that would be forfeited should the defendant fail to appear at subsequent court proceedings. Bail is the act of pretrial release of a defendant whose promise to return to trial is secured by some form of collateral, most often money, which is also referred to as bail. Bail itself is not guaranteed, and the Eighth Amendment has never been fully incorporated under the Fourteenth Amendment to apply to the states.

Asset Forfeiture

The seizure by the government, without compensation, of money and property connected with illegal activity. State and federal laws have granted police departments and federal law enforcement the authority to seize and forfeit assets and to receive the proceeds from such activities.

True or False: The general rule under the Eighth Amendment is that punishment must be proportional or directly related to the crime committed.

True

True/False: In forfeiture cases, the government must establish that the property was subject to forfeiture by a "preponderance of the evidence" rather than the original higher standard of "clear and convincing".

True

True/False: The right to bail has been historically assumed through case law and statutory law rather than a constitutional guarantee.

True

True or False: The Supreme Court has prohibited executing intellectually disabled individuals.

True.

True or False: The amount seized through asset forfeiture must bear some relation to the value of the illegal enterprise.

True.

True/False: The Court ruled that a categorical ban on life sentence for juveniles convicted of nonhomicides is unconstitutional.

True: Graham v. Florida (2010)

True/False: The death penalty is the most debated issue under the Eighth Amendment.

True: because it concerns life or death.

True or False: Excessive Bail prohibition has never been formally incorporated to apply to the states under the Fourteenth Amendment, allowing states to deal with it through their constitutions, legislation, and case law.

True; also the prohibition against excessive finds has not been incorporated, so it does not apply to the states.

Punitive Damages

an amount the defendant in a civil case must pay the plaintiff beyond compensatory damages. Punitive damages are considered additional punishment to the wrongdoer and a warning to others not to engage in similar conduct. Fines above and beyond the actual economic loss to punish the defendant in a civil trial.

The five means of execution currently used in the U.S:

- death by firing squad (used in 1 state) - hanging (used by 3 states) - gas chamber (used by 3 states) - electric chair (7 states) - lethal injection (31 states, the U.S Military, and the federal government) Of the five means of execution, the U.S Supreme Court has found none of them inherently cruel and unusual.

Courts are free to forbid preventative detention based on what?

- excessive bail provisions in the state constitution. - through legislation or case law in that jurisdiction.

Detention Alternatives

- outright release -bail - electronic monitoring - halfway house placement -collateral property - third party custody - surrendering one's passport - imposing strict travel restrictions - and many more.....

The Supreme Court established three criteria for proportionality analysis

1. the gravity of the offense and the harshness of the penalty. 2. the sentences imposed on other criminals in the same jurisdiction 3. the sentences imposed for the commission of the same crime in other jurisdictions.

Ewing v. California (2003)

25 years to life in prison under CA three strikes laws are not unconstitutional; do not violate 8th amendment; despite long punishment, necessary to incapacitate criminals and protect public. The court ruled 5 to 4 that the three strikes rule was not unconstitutional.

Fines

A fine is considered a payment to a sovereign for committing an offense. This decision is the first constitutional limitation on the government's power to seize property connected with illegal activity and could result in challenges to seizures related to criminal activity.

Bifurcated trial

A two-step trial for capital cases. The first step is determination of innocence or guilt; the second step is determination of whether to seek the death penalty. Furman v. Georgia (1972) (page 441)

Summarize what Eighth Amendment rights prisoners often claim.

Cases based on the Eighth Amendment for prisoners include: ─Overcrowding, solitary confinement, corporal punishment, physical abuse, use of force, treatment and rehabilitation, the right not to be treated, death penalty The Supreme Court has been called on to determine whether conditions and actions within correctional institutions constitute cruel and unusual punishment.

Describe what may be seized under asset forfeiture laws.

Asset Forfeiture ─The seizure by the government, without compensation, of money and property connected with illegal activity. •Property connected with illegal activity may be forfeited when used as a conveyance to transport illicit drugs .•Real estate used in association with a crime and money or other negotiable instruments obtained through criminal activity also can be seized and is considered a civil sanction by the government.

Explain what purposes bail serves.

Bail serves two purposes: ─It helps to assure the appearance of the accused at court proceedings. ─It maintains the presumption of innocence by allowing individuals not yet convicted of a crime to avoid continued incarceration. • Also allows individuals to prepare a defense and continue earning income if employed.

Trop v. Dulles (1985)

Chief Justice Earl Warren observed, "The basic concept underlying the 8th (Eighth) Amendment is nothing less than the dignity of man... The amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society." Trop v. Dulles (1985) In 1944, United States Army private Albert Trop escaped from a military stockade at Casablanca, Morocco, following his confinement for a disciplinary violation. A day later, Trop willingly surrendered to an army truck headed back to Casablanca. Despite testifying that he "decided to return to the stockade" when he was picked up, a general court martial convicted Trop of desertion and sentenced him to three years at hard labor, loss of all pay and allowances, and a dishonorable discharge. In 1952, Trop applied for a passport. His application was rejected under Section 401(g) of the amended 1940 Nationality Act, on the ground that he lost his citizenship due to his conviction and dishonorable discharge for wartime desertion. After failing to obtain a declaratory judgment that he was a US citizen, from both a district and the Second Circuit Court of Appeals, Trop appealed to the Supreme Court, which granted certiorari. Ruling: After finding that Section 401(g) of the amended Act was penal in nature, since it punished convicted deserters with denationalization, the Court held that expatriation was barred by the Eighth Amendment as a cruel and unusual penal remedy. Citizenship, the Court stated, is not a license that expires upon misbehavior. Rather, it can only be voluntarily renounced by express language and, or, conduct. Since Trop did not involve himself in any way with a foreign state, so as to demonstrate disloyalty to the United States, his court martial conviction of desertion did not justify his expatriation.

Trop v. Dulles (1958)

Chief Justice Warren stated that the Cruel and Unusual Punishment Clause "must draw its meaning form the evolving standards of decency that mark the progress of a maturing society."

Stack v. Boyle (1951)

Deals with federal cases and establishes that any bail that goes beyond what is reasonable in order to guarantee that the accused will appear at a trial is excessive under the Eighth Amendment. States determine own standards of reasonableness under own criminal justice statutes.

RPR

Defendants released on personal recognizance. (page 430) No bail money required.

United States v. Good (1993)

Due process requires that property not be forfeited without a hearing, but the Court has also held that forfeiture is constitutional even when teh owner is not aware of its criminal use.

The Bail Reform Act of 1984 (18. U.S.C 3141)

Granted judicial authority to include specific conditions of release for the community's safety. It also eliminated a presumption in favor of pretrial release through the bail for defendants when the prosecution is able to demonstrate, during a hearing, clear and convincing evidence that no conditions will reasonably ensure the community's safety. - Requires that the federal government assume that the accused will be released and that the court should seek the least restrictive means of detention plausible.

The Bail Reform Act of 1966

Helped indigent defendants who were unable to post bail in the usual monetary manner. This law was enacted to ensure that poor defendants would not remain in jail only because they could not afford bail, as a as to require judges to consider other ways for defendants to guarantee their return for trial. The Act also allowed judges to consider the defendant's background, family ties, and prior record in setting bail. Making the primary bail condition, for defendants to be released on their own recognizance, or ROR.

Austin v. United States , 509 U.S. 602 (1993)

Issue: Austin pled guilty to one count of possessing cocaine with intent to distribute. Agents seized his mobile home and auto body shop. Was the forfeiture excessive? Holding: Yes. The Supreme Court ruled that the Eighth Amendment prohibition against excessive fines applies to civil forfeiture proceedings against property connected to drug trafficking. The amount seized must bear some relation to the value of the illegal enterprise under the Eighth Amendment.

Austin v. United States (1993)

Issue: Does the Excessive Fines Clause apply to asset forfeitures? Ruling: Yes. Because the Eight Amendment protects against punishment, and forfeiture is a type of punishment, the Excessive Fines Clause applies.

Baze v. Rees (2008)

Lethal injection has not been shown to violate the Eighth Amendment prohibition on cruel and unusual punishments and thus this method of execution is permissible. An effective moratorium took place in this case on executions in the United States because certiorari was granted in this case. The Supreme Court upheld Kentucky's three-drug protocol for execution by lethal injections.

The Eighth Amendment and Corrections

Prisoners have limited rights. Eighth Amendment violations are typically divided into two categories: 1. actions against individual prisoners, such as solitary confinement 2. institutional conditions to which all inmates are subject.

Ring v. Arizona (2002)

The Court ruled that capital punishment can be imposed only by a jury in cases that are tried by the jury. The Court ruled that the jury, not the judge, is required to decide, beyond a reasonable doubt, any aggravating factors or any fact that increases the defendant's maximum punishment beyond what is authorized the jury's guilty verdict.

Understand where the meaning of "cruel and unusual punishment" comes from.

The Massachusetts Bay Colony sought to eliminate such English punishments as cutting off hands and burning at the stake •The Amendment must draw its meaning from the evolving standards of decency that mark the progress of a maturing society (Trop v. Dulles). The final clause of the Eighth Amendment •What is "cruel and unusual?"─Depends on what society believes it to be

Who can be executed?

The Supreme Court has upheld the death penalty for murder but not for other crimes. Under the Eigth Amendment, the punishment must be related to the crime, so execution is appropriate only in cases of murder - a life for a life.

United States v. Ursery (1996)

The Supreme Court held that forfeiture is not double jeopardy because it is considered a civil sanction rather than an additional criminal action.

Kennedy v. Louisiana

The U.S. Supreme Court, on June 25, 2008, decided the case of Kennedy v. Louisiana in which it determined that "the Eighth Amendment bars Louisiana from imposing the death penalty for the rape of a child where the crime did not result, and was not intended to result, in the victim's death."

Clarify whether capital punishment has been found to be constitutional, which precedent cases have determined this, and what is required of proceedings that may involve the death penalty.

Trop v. Dulles (1985) (page 429) The courts have used three inquiries in assessing constitutionality of cruel and unusual punishment: ─Whether the punishment shocks the general conscience of a civilized society ─Whether the punishment is unnecessarily cruel ─Whether the punishment goes beyond legitimate penal aims

What is the cost of the death penalty?

convicting and executing each offender ranges from $2.5 million to $5 million.

For prisoner's cases involving cruel and unusual punishment based on Eighth Amendment right can be:

cruel and unusual punishment such as - overcrowding - solitary confinement - corporal punishment - physical abuse - the use of force; treatment and rehabilitation - the right not to be treated - death penalty.