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Lesson

Eighth Amendment Over Time

Guiding question

How have different states applied the Eighth Amendment to the death penalty for convicted criminals?

Published
Apr 28, 2025
Black and white interior of a prison corridor with cells on either side and light streaming through windows.
How has the death penalty as it relates to the Eighth Amendment has changed over time?

Guiding Questions 

  • How have different states applied the Eighth Amendment to the death penalty for convicted criminals?
  • How has the Supreme Court interpreted the Constitution in its death penalty cases?

Objectives 

  • Students will explain how the concept of cruel and unusual punishment under the Eighth Amendment has been applied over time at the state and federal levels.

Materials

Student Resources:

Teacher Resources:

  • Prompt guidance

Lesson Components

ActivityEighth Amendment Over Time Graphic Organizer

A graphic organizer to engage students with the historical treatment of the death penalty from Jamestown Colony through the 21st century.

ActivityEighth Amendment Case Studies

Case studies on landmark Eighth Amendment Supreme Court cases.

Lesson plan

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More Information

Facilitation Notes 

  • This lesson discusses the death penalty and other topics that can be distressing or elicit strong emotional responses. Follow the proper protocol for your school or district surrounding such issues.
  • The lesson starts with an image revealed in sections, which must be prepared according to the display settings on your device.
  • Understanding Cruel and Unusual Punishment fits well as a companion to this lesson. If not completing that lesson fully, this Eighth Amendment video can provide useful background information.

Standards

Check whether this resource aligns with your state’s standards →