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U.S. Constitution study guide: Difference between revisions
→Amendment 8 [excessive bail and limits on punishments]
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'''{{#tip-text:[Amendment 8 overview]|Eighth Amendment | '''{{#tip-text:[Amendment 8 overview]|Eighth Amendment | ||
* | * protects against arbitrary and "excessive" bail and punishments | ||
* }}''' | * these protections are very important to civil, democratic and free society | ||
** as tyrannical rulers will inflict severe and excessive penalties and punishments upon political or personal enemies}}''' | |||
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. | '''{{#tip-text:Excessive bail|bail = | ||
* a refundable fee required for release from prison pending a trial | |||
* the protection against "excessive bail" is an important protection against arbitrary rule | |||
* because a magistrate (court official) or judge could impose high bail amounts simply to keep someone in prison and not for any particular reason such as risk of flight (running away), danger to the community, etc.}}''' shall not be required, nor '''{{#tip-text:excessive fines imposed, nor cruel and unusual punishments inflicted|abusive fines and punishments | |||
* protects against retributive or abusive justice designed to inflict physical or financial harm beyond reasonable and legal limits | |||
* = protection against arbitrary rule | |||
* problems and limits: | |||
** sometimes a minimum and usually a maximum fine is set by statutory law | |||
** however, a judge could still impose the least or the highest punishment according to personal or political whim, which is arbitrary | |||
** "cruel and unusual" creates a standard which has been disputed, especially regarding capital punishment (death penalty) | |||
** is it "cruel" and "unusual" to put someone to death? | |||
** it has been generally held by the courts that capital punishment is not inherently cruel or unusual, | |||
** however, carrying it out in cruel or unusual ways is in violation (i.e. causing excessive pain, or carrying out the execution in a bizarre manner)}}'''. | |||
=== Amendment 9 [rights not enumerated belong to the people]=== | === Amendment 9 [rights not enumerated belong to the people]=== | ||