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The provision the Eighth Amendment provides is that the federal government can't require excessive bail, impose massive fines, or inflict "cruel and unusual" punishments. The main reason the US Bill of Rights, as well as the English Bill of Rights, have this, is because of a case in England involving a man who, while imprisoned, was taken to a pillory two days of the year, and once a year was whipped while on a moving cart. This was pretty seriously messed up.
Amendment 8 - Cruel and Unusual Punishment. Ratified 12/15/1791. - Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
So I looked at this for over an hour last night. Occasionally switching back to the Constitution, and then back to this.
I did recognize one critical nuance throughout this document. There is a clear mention and uses of terms such as Citizen, or Persons, or even "The People". As I read the 8th Addendum in context of the Constitution and the Bill of Rights. its overwhelming obvious that none of those terms are present.
Now, I'm not a Judge. Don't even play one on TV. But I can not see any disseminate or any difference in how a "Person", "People" or "Citizen" qualifies or disqualifies any constitutional due process
I'll go one more step and refer to the Declaration of Independence and attempt to capture not only the spirit, but the letter of that declaration.
"We hold these truths to be self-evident, that all men are created equal," Now I realize that we have had issue with these terms in the past. When these words were written down, they did not intend to be all inclusive. This did not include servants or labourers (aka: slaves) . We know this because those issues were resolved through constitutional amendments:13th & 24th Amendments. And we know that the framers did not intent to include women. We resolved that in in 1920 with the 19th amendment.
But we must assume that the term "All Men" applied to all men, and by todays standards we can argue that they must be at least of an age of 18 years. And we can assume that the national orientations could not have played a roll in the definition, or it would have excluded all the founding fathers. Many of them or their parents, or other family and friends were either a citizen of other countries or only one or two generations removed.
More current than this is the direction the President offered in his election bid and continues to support in his administration: We Do NOT Torture. Do the republicans get it? It doesn't matter if the suspect is is detained under any rule of law, we will not interrogate prisoners using any "Cruel and Unusual Punishment"
yes ....it is important because it protects against cruel punishments and excessive bail:)
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Which amendment guarantees there will be no cruel or unusual punishments?
Amendment 8
How did women earn the right to vote?
by the Bill of Rights... amendment 8 i think
What amendment says your hands can be cut off for shoplifting?
be the Eigtth Amendment to the Consititution which prohibits 'crul or unusual punishment.'
What amendment guarantees fair bail and punishment?
The 8th amendment of the Bill of Rights.
What amendment do you feel is most important and why?
They don't have a most important amendment because I think all of the amendments are important. ----------------------------------------------------------------------------------------------------- I think the 10th Amendment is the most important. It states that any powers not granted to the federal government nor prohibited to the states by the Constitution are reserved to the states. This amendment was put in place to make sure the federal government does not become to powerful. But as we see nowadays, the politicians have pretty much ignored this amendment.
What amendment prevents excessive bail and fines?
The eighth (8th) amendment of the Constitution assures the U.S. citizens that there is no excessive bail or no cruel and unusual punishment.8th Amendment. Amendment 8
Is amendment 8 a secure amendment?
Yes
What does Amendment 8 stait?
Amendment 8 states that you have a fair bail and punishment
Why amendment 13 important?
The 13th Amendment is important because it abolishes slavery.
Which amendment is important to Rosa Parks?
AMENDMENT 6
Which amendment is not important?
They are all important.
What amendment that limits fines and punishment?
If you're asking which amendment that is, then it's Amendment 8.
Is the fourth amendment important?
The Fourth Amendment is important because of its fairness to people and privacy keeper that is why!!!!!!!!!!!
Why was the fifteenth amendment important during the civil war?
The 15th Amendment was not important during the US Civil War. The amendment was passed in 1870.
Which amendment guarantees there will be no cruel or unusual punishments?
Amendment 8
What amendment gives the right to no excessive bail?
Amendment 8
What is amendment 8 in the Constitution?
Amendment 8 states:No excessive fine or bailNo cruel or unusual punishments.
