“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
This amendment ensures that the punishment is commensurate with the crime committed.
- “”Excessive bail shall not be required, nor excessive fines imposed” – Prevents the judge from going overboard on bail amount and prevents an overly emphatic judge from fining you excessively based on a personal issue.
- “nor cruel and unusual punishments inflicted.” – Prevents a judge from giving you 50 years in prison for urinating in your neighbors back yard.
- Check this page for a list of SCOTUS rulings regarding 8A.
- While some may consider capital punishment to be cruel and unusual punishment for a crime committed; think about how the victimized person feels.
- If you take any federal crime – piracy: 8A prevents an emotionally driven judge for setting a fine of $10 million dollars because some college kid decided to download a movie from his dorm room.
- 8A is also in place to ensure that society’s worst offenders are not thrown to the whims of emotional juries, emotional judges, and a legal system that would rather incinerate them, rather than trying to rehabilitate them.
- 8A on the COTUS, also prevents the death penalty from being a sentence at the highest level of our court system.