• The Eighth Amendment prohibits cruel and unusual punishment.

• The death penalty is not permissible for criminals who were younger than 18 years old at the time of the crime or individuals deemed “mentally retarded.” Likewise, the death penalty is not allowed in rape cases.

• The U.S. Supreme Court has upheld the use of lethal injection as a permissible form of execution.

• In deciding whether a term of imprisonment violates the Eighth Amendment, courts must consider various factors, including (1) the gravity of the offense compared to the sentence, (2) the penalties imposed on other offenders in the same state for the same offense,

(3) the penalties imposed in other states for the same offense, and (4) the defendant’s recidivism.

QUESTIONS:-

1. What types of punishment are considered cruel and unusual?
2. Explain how the Eighth Amendment applies to sentence length.