The Eighth Amendment is an amendment to the United States Constitution that places restrictions on unreasonable fines, bail, and excessive punishment. An amendment is generally regarded as a change in something. When it comes to the constitution, an amendment counts as any details added to the original constitution since it was ratified in 1788. According to the United States Constitution, the Eighth Amendment provides criminal defendants with the right not to be subjected to cruel treatment and the right to reasonable bail.
The Eighth Amendment and Bail
What does the Eighth Amendment talk about? Put simply, it protects citizens from excessive bail, fines, and the infliction of cruel and unusual punishment. To ensure you show up to court, you need to give the state some money or property. In most instances, bail is set by a judge. Once you pay bail, instead of waiting for trial behind bars, the state can let you live freely. If you show up on the day of the trial, you will get your bail back. On the other hand, if you don’t, you will lose it. An example of excessive bail is setting a million dollars for a very small crime.
Protection Against Cruel and Unusual Punishments
As mentioned before, another aim of the Eighth Amendment is to protect citizens of the United States against cruel and unusual punishments. But what falls under this category, and what can be classified as being cruel and unreasonable? Some of the things that are classified as cruel include execution or torture. Another thing that can be labeled as cruel punishment is taking away an American’s citizenship If you’re concerned about your treatment in the American judicial system, you should look for a criminal defense lawyer as soon as possible.
Protection From Excessive Fines
No one loves speeding tickets. In some instances, the fines on these tickets just seem a bit excessive. Despite what you think, it’s highly unlikely that the supreme court will overturn a fine as excessive once it has a precedent in recent history. The standards for overturning fines were set in 1909. Some of the things that fall under excessive fines include the deprivation of property without due process of law. In other words, you can only classify a fine as excessive if there are no pre-existing laws specifying the nature of your fine.
Have your Eighth Amendment rights been violated? If so, you can hire a criminal defense lawyer to help plead your case, have your conviction overturned, or seek other damages. It’s crucial to sit with an attorney in such situations. Call the Law Firm of Patrick Short today and get the real justice you deserve.