MBE Fast Fact: Cruel & Unusual Punishment

Regarding Criminal Procedure, by far the most important amendments to understand well for the MBE are the 4th, 5th, and 6th.  But every test has its curveballs and you could likely see questions on the 8th Amendment's prohibition against cruel and unusual punishment as well.

It's tough to pin down exactly what is meant by "cruel and unusual" but a helpful definition defines it as punishment that is grossly disproportionate to the seriousness of the crime committed.  Here are some important points to keep in mind that apply this principle:

--After a conviction for murder, the death penalty can be imposed only under a statutory scheme that gives the the judge or jury enough information and guidance in making the decision.  The statute cannot be vague and all mitigating evidence must be considered.

--The death penalty cannot be imposed for the crime of rape if the rape was neither intended to result nor did result in death.  In addition, the death penalty will not be imposed upon one convicted of felony murder unless the felony murderer acted with reckless indifference to the value of human life.

--A prisoner cannot be executed if the prisoner is insane at the time of execution, even if the prisoner was sane at the time that the crime was committed.

--The death penalty cannot be imposed upon a person who is intellectually disabled.

--Execution of those who were under 18 at the time they committed the offense violates the 8th Amendment.  Similarly, a mandatory life imprisonment without the possibility of parole on a person who was a minor at the time the offense was committed would be cruel and unusual pubishment.