Eighth Amendment: Cruel And Unusual Punishment

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Cruel and Unusual Punishment
The Eighth Amendment states that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” The Eighth Amendment has two specific “elements” which define an individual’s actual rights retaining to the Eighth Amendment. The first “element,” “excessive bail shall not be required, nor excessive fines imposed” states that fines or bail should not be overly unobtainable or imposed on an individual. The second “element” of the Eighth Amendment, “cruel and unusual punishments inflicted,” states that cruel or unusual punishment will not be inflicted.
The first “element” states that “excessive bail shall not be required, not excessive fines imposed.” Bail is a temporary …show more content…

Members of the Communist Party were released into prison after being charged with trying to overthrow the United States Government and each member of the group involved was consequently given a posted bail of $50,000. After appealing the District Court’s decision that $50,000 was a suitable bail considering the Communists crime the case went straight to the Supreme Court where the Supreme Court had to question whether or not the posted bail of $50,000 was considered cruel and unusual by means of the crime committed and the posted bail for other serious felonies. It was the Supreme Court ruling ,in general terms, that determined that the bail of $50,000 given to each member of the Communist Party was cruel and unusual making it unconstitutional. Furthermore, it was in The Supreme Court ruling that forever determined that “a defendant's bail cannot be set higher than an amount that is reasonably likely to ensure the defendant's presence at the trial.” This impacted the meaning of “excessive bail shall not be required” by stating that no bail shall ensure that a criminal must stay in prison until the date of their trial because of an inability to afford the posted …show more content…

The Eighth Amendment applies to me because I am constitutionally protecting myself from “excessive bail shall not be required, nor excessive fines imposed.” The Eighth Amendment also constitutionally protects my right to evade cruel and unusual punishment if inflicted. The right to pay fair bail, fines, and to evade cruel and unusual punishment also applys to my whole family, my friends, and whoever else is in the United States. The Eighth Amendment has the potential to impact my life by protecting my rights and protecting my person from excessive bail or fines imposed and cruel and unusual punishment if I am ever involved in a crime. Overall, the Eighth Amendment is one of the greatest protectors I have from inflicted or imposed cruelty from the

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