The Eighth Amendment to the U.S. Constitution denies to the federal government the power to impose “cruel and unusual punishments”. Eighth Amendment challenges have been largely organized around whether capital punishment is “cruel and unusual”. This session will focus on how the U.S. Supreme Court has interpreted the circumstances under which the death penalty is considered acceptable and the impact of those judicial decisions on the application of the death penalty. Political considerations, such as public opinion toward the death penalty and how the death penalty has shaped elections campaigns, will also be addressed.

