Cruel and Unusual Punishment Clause (8th): Sentences & Death Penalty
Kenndy (death penalty for minor rape against 8th)
Graham (non-homicide crime, juvenile life without parole against 8th C2)
Ewing (repeat felon stole golf clubs, 25 yr to life, no 8th violation)
- Classification 1: Non-homicide Cases (sentences)
- Proportionality Standard: crime is proportional with the severity of the sentence
- Test:
- (1) Compare gravity of the offense and severity of sentence
- (2) Compare sentence with sentences imposed on others in the same jurisdiction and other jurisdictions for same crime
- Classification 2: Homicide cases (death penalty)
- Test:
- (1) nature of the offense: serious crime
- (2) Characteristics of defendant:
- 1. juveniles
- 2. mentally challenged
- 3. no intent to kill or foresee death
- (3) Evolving standards of decency: degree of national consensus