-- by Xinqiu and Xinlin Huang
Prohibits excessive bail,excessive fines, and cruel and unusual punishment
- The section of the bills of rights (first 10 amendment for United State constitution).
- State that punishment must be fair, cannot be cruel, and that fines that are extraordinarily large cannot be set.
- Introduced on sep 5th, 1789. Voted by quote of 12 states on dec. 15th, 1791.
understand line by line
"Excessive bail shall not be required, nor excessive fine imposed"
- The courts are not allowed to assign an accused person a large and excessive amount of money for bail. This is because if they could, a judge would have the chance to judge someone early on and set a bail amount based on that.
- Bail: property or money that a defendant must give to the course as security for his or her appearance at trial.
How Court decide Bail
- The seriousness of the offense.
- The weight of evidence against the accused.
- The nature and extent of any ties.
- The accused ability to pay a given account.
- The probabilities that the accused will flee the jurisdiction if released.
“Nor cruel and unusual punishments inflicted”
*Every harsh punishments are disproportional will be overturned on appeal.
How to Determine the Punishments
If most states authorized a particular punishment, the court will not invalidate to "evolving standards of decency".
Mentally retarded people
The Function of the Excessive Fines Clauses
What amount is excessive?
George Mason write the Virginia Declaration of Rights by the Fifth Virginia Convention at Williamsburg and included the phrase, "That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted," which was drawn nearly word for word from the English Bill of Rights of 1689. Which was approved and passed unanimously in June,1776.
Answer the questions
why was the Eighth Amendment important to them?
What is the Function of the 8th Amendment?
important pieces reader needs to know about 8th amendment
- 8th amendment is a section of Bill of Rights which is introduced by James Madison.
- 8th amendment also applies by state.
- some punishment are complete under the 8th amendment, such as taking away a person's citizenship or painful hard labor.
Why put this in place in the U.S government?
How to remember 8th Amendment
I. Is good because it
G. Gets people of cruel or unusual punishments and
H. Help ensure that nobody is
T. Tortured even for the most
H. Heinous crimes.