Deck 12: The Eighth Amendment: Bail, Fines, and Punishment

Question 1

What historical background do you suspect led to the Eighth Amendment being included in the Bill of Rights?

Answer 1

The Eighth Amendment was introduced into the Bill of Rights in 1791. It is very similar to a law in the English Bill of Rights in which Parliament stated that excessive bail cannot be imposed, excessive fines cannot be levied or there cannot be any cruel and unusual punishments pinched on individuals.
The English law was the outcome of the Mr. Titus Oates case in England, who after the rise of King James II in 1685, was put on trial for several acts of perjury which had triggered the wrongful executions of many people whom Mr. Oates had intentionally accused. Mr. Oates was punished by the court to imprisonment which included a yearly torment of being released for two days of ridicule and one day of whipping while secured to a moving cart. The Oates case ultimately became a central topic in the U.S. Supreme Court's decision to enact the Eighth Amendment.

Question 2

If the Bill of Rights does not guarantee the right to bail, how can bail be ensured for those accused of crimes?

Answer 2

The Eight Amendment states that excessive bail is prohibited but not that bail must be set at an attainable level to guarantee pretrial freedom for each individual. The Bail Reform Act was enacted to help indigent defendants who were incapable of posting bail in the normal monetary custom to ensure that they would not remain in confinement because they could not afford bail.
This act permitted judges to include the defendant's background, family relations, and prior record in their calculation of bail. This permitted defendants to be released on the grounds that they could be trusted to appear for their trial.

Question 3

Explain the basic need for bail.

Answer 3

Bail ensures that individuals cannot be imprisoned for an indefinite amount of time as they wait for their trial to begin. Bail allows the pretrial freedom of individuals accused of crimes made under the assurance that the individual will return for trial and is safeguarded by some type of collateral. The premise behind granting bail for individuals is to prevent any unnecessary disruptions in their lives before guilt is determined. Certain amount in cash has to be paid in advance to get the bail or property worth the amount of bail. The suspect should also sign agreeing to the 'conditions of release'. If any of the condition is violated, the suspect will be re-arrested and the bail will be cancelled.

Question 4

Does the bail system discriminate against the poor?

Question 5

How would you define cruel and unusual punishment? Can you think of any currently lawful punishments you believe are cruel and unusual?

Question 6

Do you support the death penalty? Why or why not? Could you be an executioner or witness to an execution?

Question 7

Should juveniles or mentally retarded individuals receive life in prison for committing a heinous crime?

Question 8

Should juveniles or mentally retarded individuals who have committed capital crimes be executed?

Question 9

Does the death penalty deter murder or rape? Why or why not?

Question 10

Should fines be the same for the poor and the wealthy