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The Eighth Amendment

The Eighth Amendment. Death Penalty, etc. The Eighth Amendment. EXCESSIVE BAIL shall not be required, EXCESSIVE FINES imposed. NOR SHALL CRUEL AND UNUSUAL PUNISHMENT be inflicted. Excessive Bail. It does NOT grant a right to bail in general. Bail can be denied When fear of flight.

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The Eighth Amendment

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  1. The Eighth Amendment Death Penalty, etc.

  2. The Eighth Amendment • EXCESSIVE BAIL shall not be required, • EXCESSIVE FINES imposed. • NOR SHALL CRUEL AND UNUSUAL PUNISHMENT be inflicted.

  3. Excessive Bail • It does NOT grant a right to bail in general. • Bail can be denied • When fear of flight. • Death penalty • Witnesses might be threatened.

  4. Excessive Bail • It doesn’t have to be an amount that the accused can pay in felonies.

  5. Bail • Some people can’t pay and have to stay in jail until trial. • Family and friends can help raise the money. • Bail bondsmen can give loans.

  6. Other Options on Bail • Personal Recognizance – court trusts those persons to show up in court when required.

  7. IMPORTANT!! • The eighth amendment ONLY applies to federal court. • States can have their own spin on bail! • (and do!)

  8. Excessive Fines • 8th Amendment on excessive fines applies ONLY to federal government. • Applies mostly to criminal cases. • Civil court sometimes gets slapped for excessive penalties.

  9. Types of Fines in Civil Court • Compensatory Damages – • Reimburses for actual harm done. • Medical bills. • Loss of income. • Loss of actual property.

  10. Types of Fines in Civil Court • Punitive Damages – • Punish person/company for their behavior. • Bigger fines needed to make a point you don’t do that. • Cigarette companies.

  11. Prison Conditions and Cruel and Unusual Punishment. • The Constitution does say that inhumane prison conditions are cruel and unusual punishment.

  12. BUT: • The constitution does not mandate comfortable prisons. • Judges will only intervene IF conditions are “deplorable.”

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