Consider the following questions:
1. Explain with examples how the Eighth Amendment restricts the government's authority to make something a crime.
2. Evaluate United States v. Agurs. Another very important public policy issue is an appreciation for the difference between obtaining a high conviction rate or being perceived as "tough on crime," and seeking justice. Debate your position on the death penalty regarding whether it is used for justice or for other purposes. Support your position with examples or evidence.