Full Text of Amendment From The Constitution
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Historical Background of The Eighth Amendment
It was put in place to prevent the government from excessively punishing dependents and criminals before and after trial.
Amendment In My Words
Punishments must be fair, cannot be cruel, and that fines extraordinarily large cannot be set.
Supreme Court Case
United Sates Vs. Salerno, 1987
Background of The Case
Held in custody on March 21, 1986, Anthony Salerno, was held 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 courts decision was based on the assumption that the safety of the community was at stake if the defendant remained free.
Court's Decision and its Rationale
The Supreme Courts decision was based on the assumption that the safety of the community was at stake if the defendant, Anthony Salerno, remained free. The USSC opined that there was no violation of the Eighth Amendment.
"Eighth Amendment." Constitutional Amendments: From Freedom of Speech to Flag Burning. 2nd ed. Vol. 1. Detroit: UXL, 2008. Gale Virtual Reference Library. Web. 10 Dec. 2015.