8th Amendment
Cruel and Unusual Punishment
What does this mean...?
The 8th Amendment states that excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Let's make this a bit easier...
If you were to steal a mango from your local supermarket and get caught, you would not receive the same punishment as someone who killed someone nor would your bail be as excessive.
Why is this a part of the Bill of Rights?
The case of Titus Oates
The eighth amendment was inspired by the case of Titus Oates. After the ascension of King James ll he was tried for perjury which had caused many executions of people whom Oates had wrongly accused. Oates was sentenced to imprisonment including an annual ordeal of being taken out for two days pillory plus one day of whipping while tied to a moving cart.
Why is this important?
Helps promote the idea of being innocent until proven guilty and the idea that a person cannot be given a punishment until he or she is accused/convicted. Also, one cannot be given an excessive punishment that doesn't fit the crime that he or she has committed. It makes sure that you get treated fairly in trial.
How This Protects Our Rights...
It helps to prevent the government from holding us for long periods of time simply by imposing high bail. If not for this, the government could hold a person in jail for a long period of time before their trial, regardless of the charge.
How This Protects Our Rights...
The provisions against excessive punishment also serve to protect us from government tyranny. If none, the government could target someone with bad political views, convict them of some minor charge, and then take all their property and imprison them for a long period of time.
How This Protects Our RIghts...
Regardless of a person's wrong-doings before, it still helps to ensure that they will always have their basic rights and provides fair actions when one is receiving their punishment.
United States vs Salerno (1987)
Anthony Salerno was held in custody on March 21, 1986 for his clear involvement in Genovese Organized Crime of La Cosa Nostra. The United States Supreme Court (USSC) did not allow Salerno to post bail because of the Bail Reform Act of 1984. The USSC opined that there was no violation of the Eighth Amendment. The court’s decision was based on the assumption that the safety of the community was at stake if the defendant remained free.
Gregg vs Georgia (1976)
Tony Gregg was sentenced to death after he was found guilty for armed robbery and murder. Gregg believed that the sentence was unconstitutional. However, the Supreme Court argued against his claim. He already underwent two separate trials, which carefully considered several mitigating and aggravating factors.
Atkins VS Virginia (1998)
Daryl Atkins and a friend robbed and shot Eric Nesbitt. Atkins was found guilty of abduction, armed robbery, and capital murder; consequently, he was sentenced to death despite the testimony of Dr. Evan Nelson, who confirmed that Atkins had a mild mental retardation. This decision was upheld by the Virginia Supreme Court, following the example the US Supreme Court had set when dealing with the Penry VS Lynaugh case. Later, Atkins repealed his case to the Supreme Court on the grounds that the execution of a person with mental disability is unconstitutional.
Sources:
http://legal-dictionary.thefreedictionary.com/Eighth+Amendment
http://www.warrencaswelllaw.com/special/Second_Place.pdf
http://constitution.findlaw.com/amendment8.html
http://constitution.laws.com/8th-amendment
http://www.heritage.org/constitution#!/amendments/8/essays/161/cruel-and-unusual-punishment
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/cruelunusual.html