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The 8th Amendment

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Pratibha T

on 7 December 2013

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Transcript of The 8th Amendment

The Real 8th Amendment
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
The 8th Amendment
Ow! That Hurts!
Punishments shouldn't be too harsh, and they should reflect upon the particular crime.
I'll Bail You Out!
Money paid in exchange for a Prisoner's release by a defendant or supporter in this case.
That Fine is Disproportionate!
Fines should not go over the limit for that specific crime.
Why was this proposed?
The Founding Fathers wanted to protect the unfair treatment of those accused, and they were also enraged by the British who served upon the colonists.
Titus Oates
Convicted of lying in court
Punishment: Imprisonment, confined on pillory for two days, and one day of being whipped while tied to a moving cart, every year!
The History Behind The Eighth Amendment
It all started with the Magna Carta...the first English Document to declare the rights of people.
In 1689, the same principle was put into the Bill of Rights.
Most referred to the case of Titus Oates when debating upon this issue.
December 15, 1791
Virginia Declaration of Rights
"That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted," -Virginia Declaration of Rights
Massachusetts Body of Liberties
But even before Virginia, Massachusetts also provided a right to bail and ban brutal or abnormal punishments
Why do we need this? What's the purpose?
The Framers of the Constitution didn't want the harsh historical abuse to be used in the future.
They didn't want government to be able to give a time period for jail, then a series of punishments unrelated to the balance of the crime.
They also didn't want abnormal punishments such as cutting off an ear, or wrestling with others until death.
Death Penalty
The death penalty is being debated, whether it should or shouldn't be used. It can provoke strong emotions.
James Madison proposed the Bill of Rights, which many critics jumped toward. The debate took months without any agreement.
June 8, 1789
The 10 of 12 amendments were approved by at least nine states whom became known as the Bill of Rights.
I feel so humiliated! :(
Excessive Fining Today
Excessive fining, doesn't happen much today. In fact, the first time excessive fining was used was in 1998.
In that case, Mr. Bajakajain illegally took more than 10,000 U.S. dollars out of the county without reporting it. He was over fined with 357,144 dollars
In a case with a prisoner, named Gamble, he didn't get fair treatment when he was hurt in jail. The jail guards kept him at work even when he was in pain. It's now considered cruel if an inmate guard fails to report medical support for an inmate.
Medical Support
Trial 1: The Judge ruled Bajakajain to forfeit the money
Trial 2: Again, ruled him to forfeit the money
Trial 3: The district finally ruled forfeiting so much would violate Mr.Bajakajain's 8th amendment rights
Gregg VS Georgia
This Crime was a double murder along with a robbery. In this case, the court ruled that this Punishment of Death Penalty didn't violate the Eighth amendment. Do you agree with this statement?
It's very necessary to have a few more laws to standardize appropriate and proportionate bails, fines, and punishments, to protect our 8th Amendment rights.
By Pratibha Thippa
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Section one

Section two
Coenen, Dan T. "Gregg v. Georgia (1976)." New Georgia Encyclopedia. New Georgia Encyclopedia, 20 Aug. 2013. Web. 03 Dec. 2013. <http://www.georgiaencyclopedia.org/articles/government-politics/gregg-v-georgia-1976>.
Davis, Morgan. Excessive Bail. Digital image. Bumbling Along the Rails. Edu Blogs, 2013. Web. 5 Dec. 2013. <http://railroader.edublogs.org/category/uncategorized/>.
8th Amendment: Limits of Fines and Punishments (1791). Digital image. U.S. Bill of Rights. Blogger, 11 Dec. 2012. Web. 5 Dec. 2013. <http://us-bill-of-rights-plus.blogspot.com/>.
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"Estelle v. Gamble." Estelle v. Gamble. Cornell University Law School, 05 Oct. 1976. Web. 04 Dec. 2013. <http://www.law.cornell.edu/supct/html/historics/USSC_CR_0429_0097_ZO.html>.
Everett, James L. Death Penalty. Digital image. Is the Death Penalty Just? Soulation.org, 28 Oct. 2011. Web. 4 Dec. 2013. <http://soulation.org/breakfastreading/2011/10/is-the-death-penalty-just.html>.
No Excessive Fines. Digital image. Eighth Amendment. Wiki Spaces, 3 Dec. 2009. Web. 5 Dec. 2013. <http://brennabaker.wikispaces.com/Eighth+Amendment>.
A Bit Harsh? Digital image. A Bit Harsh? Word Press, 30 Apr. 2012. Web. 4 Dec. 2013. <http://sigmundcarlandalfred.wordpress.com/2012/04/30/a-bit-harsh/>.
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History of the Eighth Amendment. Chicago: Close up Foundation, 2001. PDF.
Sarat, Austin, and Neil Vidmar. Law and Society. Durham: Duke University, 2013. PDF.
Schmitt, Harrison. An Astronaut’s View on The Debt Ceiling Debate. Digital image. Heartland's Blog. The Heartland Institute, 29 July 2011. Web. 4 Dec. 2013.
Titus Oates. Digital image. How Stuff Works. How Stuff Works.Inc, 2013. Web. 4 Dec. 2013.
Section Three
How did People React?
Full transcript