Breakdown of the Excessive Bail/ Fine Clause in the 8th Amendment
The 8th Amendment specifies that bail shall not be excessive. This is unclear as to whether or not there is a constitutional right to bail, or only …show more content…
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.
Furman v. Georgia, 1972
William Furman was sentenced to death after he was found guilty of murder while he was attempting to burglarize a house. Furman appealed before the court. According to Justice Potter Stewart, the death penalty was clearly handed out to Furman mainly because he was a black man. Thus, it violated the Eighth Amendment.
Wilkerson v. Utah, 1878
Walker Wilkerson was found guilty of first-degree murder in 1878. The court decided that Wilkerson would be executed publicly. The defendant made an appeal on the ground that hanging was the approved form of execution at the time and not firing squad. However, the Supreme Court favored the decision.
The 14th Amendment balances out the 8th