The EighthAmendment
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."The Eighth Amendment's prohibition of excessive bail is evaluated in relation to the severity of the crime charged and the flight risk of the defendant. In general, bail can be set no higher than the amount the judge deems reasonably necessary to ensure the appearance of the defendant at trial. The judge may consider factors such as the defendant's ties to the community, the defendant's history, and the length of the sentence the defendant is facing.
The Eighth
Amendment's prohibition of cruel and unusual punishments prevents
torture and certain kinds of executions. The Supreme Court has
stated that modes of execution such as drawing and quartering or
burning alive are not compatible with the Constitution.
There has been recent turmoil concerning the constitutionality of
lethal injection, but as it is currently performed in most states it is
deemed compatible with the Constitution. The prohibition against
cruel and unusual punishments is relative to the severity of the crime
charged, so an extraordinarily harsh punishment for a
minor crime could potentially trigger its application.
Know Your Rights
- Amendment I
- Freedom of speech, assembly, and religion
- Amendment II
- Right to bear arms
- Amendment IIII
- Quartering of soldiers
- Amendment IV
- Freedom from unreasonable searches and seizures
- Amendment V
- Right against self-incrimination, double jeopardy, uncompensated takings; due process of law
- Amendment VI
- Right to speedy and public jury trial; right to confront witnesses; right to counsel
- Amendment VII
- Right to jury in civil trials
- Amendment VIII
- Prohibition of cruel and unusual punishment and excessive bail
- Amendment IX
- Reterntion of unenumerated rights by the people
- Amendment X
- Rights reserved by the states
- Amendment XIV
- Right to citizenship, due process of law, equal protection of the laws