8th Amendment
The Eighth Amendment The 8th Amendment to the Constitution of the United
States prohibits cruel and unusual punishment, as well as the setting of excessive bail or the imposition of excessive fines. However, it has also been deemed unconstitutional by the Supreme Court of the United
States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances. The 8th Amendment stipulates that bail shall not be excessive. This is unclear as to whether or not there is a constitutional right to bail, or only prohibits excessive bail, if it is to be granted. The Supreme
Court has never directly addressed this interpretation problem, because federal law has always guaranteed that privilege in all non-capital cases (Compton's). Bail furthers the presumption of innocence until guilt is absolutely proven, beyond the shadow of a doubt. If it weren't for bail, the accused suspect would virtually be serving a sentence for a crime he or she has not been convicted of committing. Excessive bail has the same effect. The idea behind bail is to make sure the accused is present during the trial. If one's bail is , in fact, excessive, the amount is set higher than is reasonable. Logically, bail is usually not set for an amount greater than the maximum monetary sentence for the crime with which the defendant is being charged.(Draper 80) The most widely known aspect of the eighth amendment is the fact that it prohibits cruel and unusual punishment. The stand for "cruel and unusual" fluctuates, because it all is dependent upon social issues, standards, and personal beliefs. However, there are many generalizations that remain very clear, no matter what the situation. Cruel and unusual punishment is perceived as punishment that causes "an unnecessary and wanton infliction of pain". Punishments that have been declared entirely unconstitutional without question
States prohibits cruel and unusual punishment, as well as the setting of excessive bail or the imposition of excessive fines. However, it has also been deemed unconstitutional by the Supreme Court of the United
States (according to the Eighth Amendment)to inflict physical damage on students in a school environment for the purpose of discipline in most circumstances. The 8th Amendment stipulates that bail shall not be excessive. This is unclear as to whether or not there is a constitutional right to bail, or only prohibits excessive bail, if it is to be granted. The Supreme
Court has never directly addressed this interpretation problem, because federal law has always guaranteed that privilege in all non-capital cases (Compton's). Bail furthers the presumption of innocence until guilt is absolutely proven, beyond the shadow of a doubt. If it weren't for bail, the accused suspect would virtually be serving a sentence for a crime he or she has not been convicted of committing. Excessive bail has the same effect. The idea behind bail is to make sure the accused is present during the trial. If one's bail is , in fact, excessive, the amount is set higher than is reasonable. Logically, bail is usually not set for an amount greater than the maximum monetary sentence for the crime with which the defendant is being charged.(Draper 80) The most widely known aspect of the eighth amendment is the fact that it prohibits cruel and unusual punishment. The stand for "cruel and unusual" fluctuates, because it all is dependent upon social issues, standards, and personal beliefs. However, there are many generalizations that remain very clear, no matter what the situation. Cruel and unusual punishment is perceived as punishment that causes "an unnecessary and wanton infliction of pain". Punishments that have been declared entirely unconstitutional without question
Cited: Bernstein, Richard, and Jerome Agel. Amending America. New York: Random House, Inc, 1993. Compton 's Interactive Encyclopedia. New York: Compton 's NewMedia, Inc., 1995. Wilson Company, 1982. Institution, 1986.