The Eighth Amendment to the United States Constitution protects against imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the United States Bill of Rights. The amendment serves as a limitation upon the state or federal government to impose unduly harsh penalties on criminal defendants before and after a conviction. This limitation applies equally to the price for obtaining pretrial release and the punishment for crime after conviction. The phrases in this amendment originated in the English Bill of Rights of 1689.
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, or overly severe compared to the crime.
Arthur Chaskalson SCOB, was President of the Constitutional Court of South Africa from 1994 to 2001 and Chief Justice of South Africa from 2001 to 2005. Chaskalson was a member of the defence team in the Rivonia Trial of 1963.
Gregg v. Georgia, Proffitt v. Florida, Jurek v. Texas, Woodson v. North Carolina, and Roberts v. Louisiana, 428 U.S. 153 (1976), is a landmark decision of the U.S. Supreme Court. It reaffirmed the Court's acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon Gregg. The set of cases is referred to by a leading scholar as the July 2 Cases, and elsewhere referred to by the lead case Gregg. The court set forth the two main features that capital sentencing procedures must employ in order to comply with the Eighth Amendment ban on "cruel and unusual punishments". The decision essentially ended the de facto moratorium on the death penalty imposed by the Court in its 1972 decision in Furman v. Georgia 408 U.S. 238 (1972). Justice Brennan dissent famously argued that "The calculated killing of a human being by the State involves, by its very nature, a denial of the executed person's humanity... An executed person has indeed 'lost the right to have rights."
The Constitutional Court of South Africa is a supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction.
Capital punishment in India is a legal penalty for some crimes under the country's main substantive penal legislation, the Indian Penal Code, as well as other laws. Executions are carried out by hanging as the primary method of execution as given under Section 354(5) of the Criminal Code of Procedure, 1973 is "Hanging by the neck until dead", and is imposed only in the 'rarest of cases'.
The People of the State of California v. Robert Page Anderson, 493 P.2d 880, 6 Cal. 3d 628, was a landmark case in the state of California that outlawed capital punishment for nine months until the enactment of a constitutional amendment reinstating it, Proposition 17.
Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law, and bind all branches of the government, including the national executive, Parliament, the judiciary, provincial governments, and municipal councils. Some provisions, such as those prohibiting unfair discrimination, also apply to the actions of private persons.
National Coalition for Gay and Lesbian Equality and Another v Minister of Justice and Others is a decision of the Constitutional Court of South Africa which struck down the laws prohibiting consensual sexual activities between men. Basing its decision on the Bill of Rights in the Constitution – and in particular its explicit prohibition of discrimination based on sexual orientation – the court unanimously ruled that the crime of sodomy, as well as various other related provisions of the criminal law, were unconstitutional and therefore invalid.
The Legal Resources Centre (LRC) is a human rights organisation based in South Africa with offices in Johannesburg (including a Constitutional Litigation Unit), Cape Town, Durban and Grahamstown. It was founded in 1979 by a group of prominent South African lawyers, including Arthur Chaskalson, Felicia Kentridge, and Geoff Budlender, under the guidance of American civil rights lawyers Jack Greenberg and Michael Meltsner, then Director-Counsel and former First Assistant Counsel of the NAACP Legal Defense and Educational Fund respectively.
Yong Vui Kong v. Public Prosecutor was a seminal case decided in 2010 by the Court of Appeal of Singapore which, in response to a challenge by Yong Vui Kong, a convicted drug smuggler, held that the mandatory death penalty imposed by the Misuse of Drugs Act ("MDA") for certain drug trafficking offences does not infringe Articles 9(1) and 12(1) of the Constitution of Singapore.
John Mowbray Didcott was a South African judge who served in the Constitutional Court of South Africa from February 1995 until his death in October 1998. He joined the bench in 1975 as a judge of the Natal Provincial Division, where he was known for defending human rights during the apartheid era.
The Criminal Law Amendment Act, 1997 is an act of the Parliament of South Africa which dealt with the consequences of the Constitutional Court's ruling in S v Makwanyane in which capital punishment was declared to be unconstitutional. The act repealed the laws allowing for the death penalty and amended various other laws referring to death sentences or capital offences. It also established a procedure by which existing death sentences could be converted to prison sentences, and fixed minimum sentences for certain serious crimes. The act came into force on 13 November 1998, except for the minimum sentencing provisions, which came into force on 1 May 1998.
Mohamed v President of the Republic of South Africa, [2001] ZACC 18, is a 2001 decision of the Constitutional Court of South Africa dealing with the legality of the South African government's actions in handing over Khalfan Khamis Mohamed to United States authorities. The court ruled that the South African government may not extradite a suspect who may face the death penalty without seeking an assurance from the receiving country that the suspect will not be sentenced to death.
Section Eleven of the Constitution of South Africa, part of the Bill of Rights, guarantees the right to life. This section has been interpreted to prohibit the death penalty, but not to prohibit abortion. It also has important implications for euthanasia, self-defence, the use of force by law enforcement, and the provision of life-saving healthcare.
S v Williams and Others is a decision of the Constitutional Court of South Africa in which the court ruled that judicial corporal punishment of juveniles is unconstitutional. The decision was taken with respect to five different cases in which six juveniles were convicted by different magistrates and sentenced to receive a "moderate correction" of a number of strokes with a light cane.
Capital punishment remains a legal penalty for multiple crimes in The Gambia. However, the country has taken recent steps towards abolishing the death penalty.
Capital punishment in Lesotho is legal. However, despite not having any official death penalty moratorium in place, the country has not carried out any executions since the 1990s and is therefore considered de facto abolitionist.
In S v Bhulwana; S v Gwadiso, the Constitutional Court of South Africa established the unconstitutionality of a reverse onus provision applying to the offence of drug dealing under the Drugs and Drug Trafficking Act, 1992. Under section 21(1)(a)(i) of the Act, accused persons found in possession of over 150 grams of dagga were presumed guilty of dealing in dagga unless their innocence was proved in court. Handing down a unanimous judgment on 29 November 1995, Justice Kate O'Regan held that this provision violated the presumption of innocence and therefore the constitutional right to a fair trial.
Harksen v Lane NO and Others is an important decision of the Constitutional Court of South Africa, delivered on 7 October 1997. The court dismissed a challenge to the constitutionality of the Insolvency Act, 1936, finding that it was consistent with the right to property and right to equality for the property of a solvent spouse to be attached to the insolvent estate of his or her partner. Justice Richard Goldstone wrote for the majority.
