Bill of Rights: Eighth Amendment

1. Bill of Rights: Eighth Amendment Heather Conley 06/23/2012 GE175: American Government

2. Eighth Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

3. Definition of Excessive bail ““Bail is ''excessive'' in violation of the Eighth Amendment when it is set at a figure higher than an amount reasonably calculated to ensure the asserted governmental interest.25 If the only asserted interest is to guarantee that the accused will stand trial and submit to sentence if found guilty.” Findlaw

4. Definition of Excessive Fines “''the word 'fine' was understood to mean a payment to a sovereign as punishment for some offense.'' 33 The Eighth Amendment itself, as were antecedents of the Clause in the Virginia Declaration of Rights and in the English Bill of Rights of 1689, ''clearly was adopted with the particular intent of placing limits on the powers of the new government.'' 34 Therefore, while leaving open the issues of whether the Clause has any applicability to civil penalties or to qui tam actions, the Court determined that ''the Excessive Fines Clause was intended to limit only those fines directly imposed by, and payable to, the government.'‘” Findlaw

5. Definition of Cruel and Unusual: • Punishment that is: • Degrading • Without cause • Culturally not accepted • Unnecessary

6. Protection for Prisoners Charge with Crime • Promised no unusual or cruel punishments such as: • Electric chair • Quartered • Open fire • Be-headings • Cutting off ears, hands, etc.

7. Protection for Citizens • Insures we will not be cruelly punished • Insures that inmates will be punished by keeping them isolated not tortured • Excessive bail in the amendment insures that a criminal will be off the streets and show up to court • Excessive fines in the amendment insure that we will not be excessively charged by the government when issued fines payable to them.

8. Personal Connection This amendment along with the rest affect my voting and my political opinion on certain candidates. I vote for the person who will follow the original documents prepared by this government long ago. Especially the Constitution and the bill of rights.