The Excessive Bail Clause of the Eighth Amendment to the United States Constitution prohibits excessive bail set in pre-trial detention. If a judge posts excessive bail, the defendant's lawyer may make a motion in court to lower the bail or appeal directly to a higher court.
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shall not be required, nor excessive fines imposed, nor cruel and unusual punishments
cruel and unusual punishments
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.
What is the 8th Amendment in simple terms for kids?
The 8th Amendment to the U.S. Constitution was created as a part of the Bill of Rights to protect criminals from excessive punishment. It forbids the government from using torture as well as excessive fines and bail to punish people who have broken the law.
Punishment prohibited by the Eighth Amendment to the Constitution. Cruel and unusual punishment includes torture, deliberately degrading punishment, or punishment that is too severe for the crime committed.
Is the death penalty a violation of the 8th Amendment?
The Supreme Court has ruled that the death penalty does not violate the Eighth Amendment's ban on cruel and unusual punishment, but the Eighth Amendment does shape certain procedural aspects regarding when a jury may use the death penalty and how it must be carried out.
The 8th Amendment is controversial because the terms 'cruel and unusual' have been considered subjective terms and the courts have been divided on how to read the 8th Amendment. For example, the death penalty is still legal in some states while other states find it cruel and unusual.
In today's society, it would be undoubtedly cruel and unusual, so the interpretation of the phrase "cruel and unusual" has evolved over time. The 8th amendment also prohibits excessive bails or fines on the accused. This is so that Judges can not judge the accused before hand and deem the bail after.
In Griffin v. California , the U.S. Supreme Court rules that the Fifth Amendment right against self-incrimination not only allows a criminal defendant to refuse to take the witness stand during his trial, but it also bars the prosecutor from urging the jury to interpret that silence as an indication that the defendant ...
What is considered treason against the United States?
Article III, Section 3, Clause 1: Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the testimony of two Witnesses to the same overt Act, or on Confession in open Court.
What would happen if the 8th amendment didn't exist?
The Supreme Court, acting 7 years later, deemed such treatment to violate the Eighth Amendment. Put another way, if we didn't have the Eighth Amendment, people would be killed and tortured unfairly in relation to crimes they had committed.
Lethal injection causes severe pain and severe respiratory distress with associated sensations of drowning, asphyxiation, panic, and terror in the overwhelming majority of cases, a new report from NPR found.