5.Capital+Punishment

V. Capital Punishment
 * 8th Amendment**
 * The eight amendment prevents cruel and unusual punishment.
 * The death penalty has been accused of violating this amendment.
 * In the case of Robinson v. California (1962) this issue of cruel and unusual punishment was explored. A California law stated that it was illegal to "be addicted to the use of narcotics" and required a punishment of 90 days of incarceration. Lawrence Robinson was convicted of being addicted to narcotics and sentenced to this required prison time. Robinson appealed and said that the law was a form of cruel and unusual punishment. He tried to say that it was unconstitutional. The Court held that laws imprisoning persons afflicted with the mindset of narcotic addiction inflicted cruel and unusual punishment and violated the Eighth and Fourteenth Amendments. But, because the Eighth Amendment does not define what constitutes cruel and unusual punishment, The Supreme Court has been reluctant to rule on the controversial issue of whether or not capital punishment is constitutional or not.

In the Supreme Court case of Furman v. Georgia (1972), the link between cruel and unusual punishment and the death penalty is deeply examined. Furman broke into a house, but in the process was startled by a resident. When he tried to escape, the gun he was carrying accidently went off as he tripped and fell and shot one of the residents. This shot killed the resident and Furman was tried for murder, found guilty, and sentenced to death. Furman then appealed and claimed that the death penalty is cruel and unusual punishment and a violation of the Eighth and F ourteenth amendments. The Supreme Court decided to write an extremely long opinion including all nine justices separate opinions on the subject of cruel and unusual punishment.
 * Furman v Georgia**

Brendon Nugent
 * Gregg v Georgia**

Prisoners sentenced to death are allowed to select lethal injection or asphyxiation.
 * Current status in CA**

As in any other state, people who are under 18 at the time of commission of the capital crime or mentally retarded are constitutionally precluded from being executed.

The penal code provides for possible capital punishment in: treason against the state of California, defined as levying war against the state, adhering to its enemies, or giving them aid and comfort; perjury causing execution of an innocent person; first-degree murder with special circumstances (for financial gain, the defendant had previously been convicted of first or second degree murder, multiple murders, committed using explosives, etc.); train wrecking which leads to a person's death.