Amendment+8+(2)

THE 8TH AMENDMENT!

 prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments bail: -money the defendant pays in exchange for their release from jail before trial. -Money will be returned if the defendant appears at trial.- Bail can't be excessive but can be denied if a defendant has a high risk of fleeing or further danger to the public. The 8th Amendment can vary on the meaning of the word cruel and can evolve as peoples views of decency changes.The amendment does not state whether or not the punishment should fit the crime. Should a person receive the death penalty for a simple parking violation?

Supreme Court Cases: In Furman v. Georgia (1972), Justice Brennan wrote, "There are, then, four principles by which we may determine whether a particular punishment is 'cruel and unusual'."
 * The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity," especially torture.
 * "A severe punishment that is obviously inflicted in wholly arbitrary fashion."
 * "A severe punishment that is clearly and totally rejected throughout society."
 * "A severe punishment that is patently unnecessary."

In Wilkerson v. Utah (U.S. 99, 130, 1878) , the Supreme Court commented that drawing and quartering, public dissecting, burning alive, or disemboweling would constitute cruel and unusual punishment regardless of the crime. The Supreme Court declared executing the mentally handicapped in Atkins v. Virginia 536 U.S. 304 (2002) Executing people who were under age 18 in Roper v. Simmons 543 U.S. 551(2005) , to be violations of the Eighth Amendment, regardless of the crime.

The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishment. This amendment was ratified as part of the U.S. Constitution in 1791

Examples of Cruel and Unusual Punishment Death by lethal injection is commonly used by most all states. Court is still deciding on whether or not giving the death penalty for non-homicidal crimes like treason and espionage " the use of spies by a government to discover the military and political secrets of other nations" violates the 8th amendment.
 * burning at the stake, torture, crucifixion, breaking on the wheeland until recently, hanging, shooting, electrocution but some states still allow electrocution as a death penalty.

8th Amendment over the next 20 years: -Based on current interpretations of the 8th amendment the rights of the American citizens will become more restricted over the next 20 years. Evolving interpretations of the what is "cruel and unusual" punishment will effect how the government interprets the rights of people under the 8th Amendment. For example, detainees at Guantanamo Bay have been moved because of suspected torture that has been deemed unconstitutional, because of America's ever changing views.

Period 2 (2009)