8th and 9th Amendments Joseph Bu, Jalynne Li, Courtney Musmann, Perah Ralin, Celia Zeiger Period 1
8th Amendment Cruel and Unusual Punishment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Furman v. Georgia (1972) Accidentally killed a person while fleeing from a burglary Was caught by a family member Tried to run away, tripped Gun went off and killed another family member
Does the imposition and carrying out of the death penalty violate the Eighth and Fourteenth Yes. Amendments under cruel and unusual punishment?
Furman v. Georgia (1972) 5-4 ruling Lack of intent Inconsistency of sentencing throughout states Clear racial bias against black men Single page per-curiam decision, but 200 pages of concurrences and dissents
Conclusion If a murder occurs but the suspect has no intent, the death penalty is unconstitutional.
Gregg v. Georgia (1976) Initially tried in a bifurcated trial: Troy Trial Leon and Gregg sentencing killed two conducted men separately Jury Determine ruled death severity sentence of crime, for armed previous robbery cases, and murder and nature of defendant Gregg Administer appealed death to SCOTUS sentence citing by jury 8th Amendment
Is the imposition of the death sentence prohibited under the Eighth and Fourteenth No. Amendments as "cruel and unusual" punishment under all circumstances?
Gregg v. Georgia (1976) 7-2 decision ruled constitutional The death sentence in extreme cases can be a mean of social retribution and a deterrent to potential criminals Georgia legislature s bifurcated process and state criteria ensures that death sentences are dealt judiciously
Conclusion The death penalty can be an appropriate means of social retribution against offenders if applied very carefully in extreme criminal cases.
Coker v. Georgia (1977) Coker escaped from prison after serving a number of sentences for murder, rape, kidnapping and assault. Broke into and robbed a house, stole their car, kidnapped and raped the wife. Under Georgia law, Coker was to be punished for rape by electric chair Appealed to Supreme Court
Was the imposition of the death penalty for the crime of rape a form of cruel and unusual punishment forbidden Yes. by the Eighth Amendment?
Coker v. Georgia (1977) 7-2 decision ruling in favor of Coker A sentence of death is grossly disproportionate and excessive punishment for the crime of rape and is therefore forbidden by the Eighth Amendment as cruel and unusual punishment. Georgia is only state with death penalty for rape
Conclusion The death penalty is excessive punishment for the crime of rape and is considered cruel and unusual punishment under the 8th amendment
9th Amendment Privacy The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Griswold v. Connecticut (1965) Connecticut Comstock Act of 1879 outlawed use of "any drug, medicinal article, or instrument for the purpose of preventing conception Head of PPLC Estelle Griswold opened a birth clinic in New Haven, CT Received requests from women who wanted birth control prescriptions Griswold was found guilty and conviction was upheld by multiple courts Griswold then appealed to Supreme Court
Does the government No. have the right to decide whether women can use contraception?
Griswold v. Connecticut (1965) 7-2 Supreme Court ruling Invalidated old law on grounds that it violated right to marital privacy While the Bill of Rights does not explicitly state it, the right to privacy is implied Right to privacy viewed as protection from governmental intrusion Privacy is protected by Due Process Clause
Conclusion The government doesn t have the right to intrude on intimate practices such as the use of contraception
Roe v. Wade (1973) Jane Roe, sought an abortion in Texas Texas law says that you cannot have an abortion except to save the pregnant woman s life District Court ruled in favor of Roe, saying that the abortion laws violated the Constitution District Attorney, Wade, appealed this case to the Supreme Court
Does the Constitution embrace a woman's right to terminate her pregnancy Yes. by abortion?
Roe v. Wade (1973) 7-2 Supreme Court ruling Woman s right to an abortion fell within the right to privacy Decision protected by the 9th and 14th Amendment Gave women total autonomy over their pregnancy during the first trimester Defined different levels of state interest for the second and third trimesters; resulting in the change of laws in 46 states
Conclusion If a pregnant woman seeks an abortion, state laws only apply in the second and third trimester of a pregnancy.
Planned Parenthood v. Casey (1992) Pennsylvania s Abortion Control Act (1982) 24 hour waiting period Requires informed consent Minors need parental consent Wife must inform husband All abortion clinics must report to states
Planned Parenthood v. Casey (1992) Planned Parenthood of Southeastern Pennsylvania Files lawsuit against state Argues violation of Roe ruling
Can a state require women who want an abortion to obtain informed consent without violating their rights Kind to abortions of. as guaranteed by Roe v. Wade?
Planned Parenthood v. Casey (1992) 5-4 ruling Reaffirmed Roe but Pennsylvania law is constitutional Protects right to an abortion Upheld bulk of Pennsylvania law
Planned Parenthood v. Casey (1992) Regulations can t impose undue burden Definition: substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability Husband notification requirement = only provision to fail All other provisions passed
Conclusion States can create abortion regulations as long as they don t impose an undue burden.
Lawrence v. Texas (2003) Police entered the house Lawrence and Tyron Garner engaging in sodomy Arrested and convicted of deviate sexual intercourse Texas law forbidding certain sexual conduct
Do the criminal convictions of John Lawrence and Tyron Garner under the Texas Homosexual Yes. Conduct law violate the Ninth Amendment s right to privacy?
Lawrence v. Texas (2003) 6-3 vote in favor of Lawrence Overturned state sodomy laws as it violated the Due Process Clause of the 14th amendment "Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government," Justice Kennedy
Conclusion A person s right to privacy under the 9th amendment does not validate criminalization