Article VIII What does it really mean
Article VIII: What Does It Really Mean? required, nor excessive fines imposed, Excessive bail was borrowed with a few slight changes from the English Bill of Rights Act. The concept of bail in both England and in the United States was never thought as right to bail in all cases, but to provide that bail would not be excessive in cases where it is considered legitimate to set bail. The definition of Bail, as according to the Random House Dictionary of the English Language, property given as surety that a person released from custody will return custody will return at an appointed time. The concept of bail was first created by the Statute of Westminster the First of 1275 A.D., which created a detailed list of certain offenses that were bailable and those that were not. Because judges were permitted to imprison people with or without bail, the Petition of Right was enacted in 1628 A.D. Due to various frauds of petitions for habeas corpus which could not be presented the English Parliament enacted the Habeas Corpus Act of 1679 A.D., which established procedures for the release of prisoners from
Though it might be clear that a lot of people were concerned with the absence of cruel and unusual punishments from the Bill of Rights. In the end they deiced that the death did violate the Eight Amendment, but in certain cases where the suspect had risked many lives or committed the act of murder, the death penalty is a legitimate means of punishment and could be considered a good deterrent of crimes of that nature. He said that ''the import of [the words] being too indefinite,'' while another Member said: ''No cruel and unusual punishment is to be inflicted; it is sometimes necessary to hang a man, villains often deserve whipping, and perhaps having their ears cut off; but are we in the future to be prevented from inflicting these punishments because they are cruel? If a more lenient mode of correcting vice and deterring others from the commission of it would be invented, it would be very prudent in the Legislature to adopt it; but until we have some security that this will be done, we ought not to be restrained from making necessary laws by any declaration of this kind'' (FindLaw. The Eighth Amendment is only relevant to the criminal justice system, and acts as a guideline. The death penalty has to be one of the most controversial issues surrounding the eighth amendment today. This reasonable price in not only for bail, but for fines as well. The Eighth Amendment itself, was clearly adopted in order to place limits on the powers of the government. Today many people feel that it is a strict violation of the constitutional concept of cruelty. To summarize this statement as quoted above, the United States Supreme Court felt that it was their responsibility to reconsider and decide whether or not the death penalty did violate the Eighth Amendment, as being a "cruel and unusual" punishment. As a result of this anti-death penalty campaign, the US Supreme Court did their own investigation and study as to whether or not it should be considered as a cruel and unusual punishment. comes before the courts bearing the presumption of validity which can only be overcome upon a strong showing by those who attack its constitutionality. During the time the Eighth Amendment was adopted, the Supreme Court noted, that the word "fine" was understood to mean a payment to a sovereign as punishment for some offense.
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Acceptance Essays
