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That's such BS... Depends on the crime for 8th amendment...
The Eighth Amendment requires that every punishment imposed by the government be commensurate with the offense committed by thedefendant. Punishments that are disproportionately harsh will be overturned on appeal. Examples of punishments that have been overturned forbeing unreasonable are two Georgia statutes that prescribed the death penalty for rape and Kidnapping (Coker v. Georgia, 433 U.S. 584, 97 S.Ct. 2861, 53 L. Ed. 2d 982 [1977]; Eberheart v. Georgia, 433 U.S. 917, 97 S. Ct. 2994, 53 L. Ed. 2d 1104 [1977]).
The U.S. Supreme Court has also ruled that criminal sentences that are inhuman, outrageous, or shocking to the social conscience are crueland unusual. Although the Court has never provided meaningful definitions for these characteristics, the pertinent cases speak for themselves.For example, the Georgia Supreme Court explained that the Eighth Amendment was intended to prohibit barbarous punishments such ascastration, burning at the stake, and quartering (Whitten v. Georgia, 47 Ga. 297 [1872]). Similarly, the U.S. Supreme Court wrote that the Crueland Unusual Punishments Clause prohibits crucifixion, breaking on the wheel, and other punishments that involve a lingering death (In reKemmler, 136 U.S. 436, 10 S. Ct. 930, 34 L. Ed. 519 [1890]). The Court also invalidated an Oklahoma law (57 O.S. 1941 §§ 173, 174, 176–181, 195) that compelled the state government to sterilize "feeble-minded" or "habitual" criminals in an effort to prevent them from reproducingand passing on their deficient characteristics (Skinner v. Oklahoma, 316 U.S. 535, 62 S. Ct. 1110, 86 L. Ed. 1655 [1942]). Significantly,however, the Court had let stand, fifteen years earlier, a Virginia law (1924 Va. Acts C. 394) that authorized the sterilization of mentally retardedindividuals who were institutionalized at state facilities for the "feeble-minded" (buck v. bell, 274 U.S. 200, 47 S. Ct. 584, 71 L. Ed. 1000[1927]).
HP: Federal Judge Strikes Down California's Death Penalty - Rules It In Violation Of The Constitution's 8th Amendment. Jul 16, 21:57
LAT: Death Penalty Costs California $184 Million A Year - Or About $308 Million For Each Of The 13 Executions. Jul 16, 22:00
they should just deport them to Saskatchewan instead. although the 8th amendment could pose a challenge... {nm} Jul 17, 06:08
Too Funny. You should visit sometime. You might be surprised. {nm} Jul 17, 08:48
That's such BS... Depends on the crime for 8th amendment... Jul 17, 06:23
IF theres absolutely no doubt about guilt....a rope would cost alot less {nm} Jul 17, 11:07
