AP GOV unit 3.7 (cruel and unusual punishment)

• What amendment is involved in court decisions defining cruel and unusual punishment?

  The Eighth Amendment
• What does the Eighth Amendment prohibit?


  Excessive bail, excessive fines, and cruel and unusual punishments
• What was the background of the case Furman v. Georgia (1972)?


  • Furman was burglarizing a home when discovered.
  • He accidentally shot and killed a resident while fleeing.
  • Convicted of murder and sentenced to death.
  • Argued that the death penalty was applied arbitrarily with racial disparities.
• What was the Supreme Court's ruling in Furman v. Georgia?


  The death penalty was unconstitutional due to its arbitrary and capricious nature
• What was the impact of the Furman decision on capital punishment in the U.S.?


  It temporarily halted capital punishment and required states to reform their death penalty statutes
• What changes did Georgia implement in its death penalty statute after Furman v. Georgia?


  • Guided discretion in sentencing
  • Bifurcated trials (separate deliberations for guilt and sentencing)
  • Automatic appellate review
• What crime did Gregg commit in the case Gregg v. Georgia (1976)?


  He robbed and murdered two men
• What was Gregg's argument against his death sentence?


  He argued that the death penalty itself was unconstitutional
• What was the Supreme Court's ruling in Gregg v. Georgia regarding the death penalty?


  The death penalty itself is not inherently unconstitutional
• How did the Supreme Court view the new procedures implemented by Georgia after Furman?


  The procedures minimized the risk of arbitrary and discriminatory sentencing
• What was the vote count in the Supreme Court's decision for Gregg v. Georgia?


  1. 2
• What does the Eighth Amendment's prohibition of cruel and unusual punishment relate to in the context of death penalty statutes?


  It requires fairness and consistency in the application of the death penalty