Eighth Amendment From the Constitution
Amendment in My Own Words
Historical Background & Origin of the Eight Amendment
Supreme Court Case Background
United v.s. Banjakajian
Hosep Banjakajian was pleaded guilty for attempting to leave the United States border with $357,144 without letting the authorities know. You are required to give the government or authorities a notice that you're carrying more than $10,000 out of the U.S.A. The government argued that Bajakajian and his wife should forfeit or give up all of the money that they carried with them. Though, the trial court and Supreme Court had a different't punishment in mind.
The Court's Decision & It's Rationale
The trial court only fined Banjakajian $15,000. The government took it to the Supreme Court, and they declared that forcing them to gibe up $357,144 would violate the excessive fines law. The Supreme Court's decision to not force Banjakajian to give up his money. The extensive of that punishment shouldn't be necessary. The fine is considered to be "too much" for the minor crime he committed. The government would be violating the eighth amendment for charging inappropriate or excessive fines.
"Eighth Amendment." Constitutional Amendments: From Freedom of Speech to Flag Burning. 2nd ed. Vol. 1. Detroit: UXL, 2008. Web. 8 Dec. 2015.