Exam 12: The Eighth Amendment: Bail, Fines, and Punishment

_____________________ reimburse the plaintiff for actual harm done (such as medical expenses or lost business).

The landmark case in which the Supreme Court called for a ban on the death penalty in Georgia, ruling its law was capricious (and, hence, cruel and unusual punishment) is:

A two-step trial for capital cases-in which the first step is the determination of innocence or guilt, and the second step (if the defendant is found guilty) is the determination of whether to seek the death penalty-is referred to as a _________________ trial.

The Supreme Court upheld corporal punishment as necessary for the proper education of a child and for the maintenance of group discipline, and not an Eighth Amendment issue, in:

Federal courts may deny bail on the basis of danger to the community or of risk to not appear at trial by implementing the practice of ________________.

In United States v. Salerno, the Supreme Court stated that __________ under the Bail Reform Act of 1984 did not violate due process or the Eighth Amendment.

In using the three-drug method of lethal injection, first brought forth in Baze v. Rees, many states have found that obtaining the drugs is extremely difficult, due to public pressure on corporations to refuse to sell the drugs to states practicing the death penalty. Which of the following is a drug of choice used to replace these three-drug cocktails?

The Supreme Court has banned the execution of the insane. However, the Supreme Court allowed Arkansas officials to force a convicted murderer to take drugs to make him sane enough to be executed, in Singleton v. Norris (2003). The Supreme Court also held that an inmate who becomes mentally ill while in prison could not be executed, in Ford v. Wainwright (1986). Using the Eighth Amendment's "cruel and unusual" standard, how can you reconcile the decisions in the Arkansas case and in the Ford v. Wainwright case? In one situation, an insane person can be medicated and then put to death, while in the other situation, a person who becomes insane cannot. Beyond the Eighth Amendment, do you think there are any ethical issues raised by the Arkansas case?

Which has not been held to be cruel and unusual punishment?

Which of the following has not been used as a legal means of corporal punishment in the United States?

The Bail Reform Act of 1966 did very little to help indigent defendants who are unable to post bail in the usual monetary manner.

Bail is forfeited if:

According to the text, what specifically have Arizona, Georgia, and North Carolina eliminated as a potential risk in their prison systems?

The Eighth Amendment's prohibition against cruel and unusual punishment was not relevant to the overwhelming majority of death penalty cases, until the Supreme Court incorporated it to apply it to the states in the case of ___________________.

The causing of bodily harm through physical force (such as whipping, flogging, or beating) is legally defined as ____________________.