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Punishment

Civil Liberties. Punishment. The 8 th Amendment. “Excessive Bail shall not be required, nor excessive fines imposed.” Bail must be reasonable to the crime committed. Bail. Sum of money that the accused may be required to post as a guarantee that they will appear in court Two reasons

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Punishment

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  1. Civil Liberties Punishment

  2. The 8th Amendment • “Excessive Bail shall not be required, nor excessive fines imposed.” • Bail must be reasonable to the crime committed

  3. Bail • Sum of money that the accused may be required to post as a guarantee that they will appear in court • Two reasons • 1) A person shall not be jailed until guilt is established • 2) A defendant is better able to prepare for trial outside of jail

  4. Appearing for Court • Because many cannot afford bail, sometimes judge release people on their own recognizance, meaning on their honor. • Failure to appear for trial, or bail jumping, is a crime

  5. Preventive Detention • The Court can rule to deny people bail if there is a belief they may not return to court or may commit another crime

  6. Cruel and Unusual Punishment • The 8th amendment forbids Cruel and Unusual Punishment • Ex. Burning at the stake, torture, crucifixion • Often deals with capital punishment cases

  7. Capital Punishment • Punishment by death • In 1972 in Furman v. Georgia, the Court declared that Capital Punishment was unconstitutional because of the discretion it gave judges and juries

  8. Capital Punishment • Since 1972, 38 states have enacted laws for appropriate measures to use the death penalty • States have the ability to choose whether or not they want to use capital punishment

  9. Gregg V. Georgia (1976) • Punishment by death does not violate the Constitution • Since this case, many states have enacted their own capital punishment laws

  10. Treason • The only crime that is defined by the Constitution • 1) levying war against the United States • 2) adhering to enemies, giving them aid and comfort • The death penalty is the maximum punishment for treason, though no one has ever been executed for treason against the national government

  11. John Brown • Was hanged as a traitor against the State of Virginia in 1859 • Believed to be the only person executed for treason against a state

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