The Eighth Amendment

Amber Fox

Eighth Amendment Text From Constitution

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Historical Background of the Amendment

The eighth amendment originated from the English Bill of Rights. Article 10 of the English Bill of Rights stated that "excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." This article was almost taken word for word by drafters of eighth amendment.

Write the Amendment in Your Own Words

The eighth amendment is basically stating that bail or fines shouldn't be over the top prices if it's not necessary and when giving a final punishment, it shouldn't be cruel and not something that's harmful that hasn't been done before.

Supreme Court Case Rummel v. Estelle 445 U.S. 263 (1980)

b.) His sentence was "purely a matter of legislative judgement." Rummel argued that his sentence was disproportionate to his crime. Rummel's 3 felonies netted him about $230 in frauds. He never used violence, threatened anyone, or endangered the peace of society, but has a mandatory life sentence.

c.) The court treated his crimes no different from those of a three time murderer. The court would not substitute its judgment for the legislature's and overturn a sentence which was neither inherently barbarous nor grossly disproportionate to the offense.

Citations


LEVY, LEONARD W. "Rummel v. Estelle 445 U.S. 263 (1980)." Encyclopedia of the American Constitution. Ed. Leonard W. Levy and Kenneth L. Karst. 2nd ed. Vol. 5. Detroit: Macmillan Reference USA, 2000. 2299. Gale Virtual Reference Library. Web. 6 Dec. 2016.

URL

http://go.galegroup.com/ps/i.do?p=GVRL&sw=w&u=j220908045&v=2.1&it=r&id=GALE%7CCX3425002207&asid=881608b1dd4f73ec06cb7626a65cfb0d




"Eighth Amendment." Constitutional Amendments: From Freedom of Speech to Flag Burning. 2nd ed. Vol. 1. Detroit: UXL, 2008. Gale Virtual Reference Library. Web. 5 Dec. 2016.

URL

http://go.galegroup.com/ps/i.do?p=GVRL&sw=w&u=j220908045&v=2.1&it=r&id=GALE%7CCX2639900008&asid=02c269119964edcebd63cfeefcbf2003