Posted on 03/02/2009 4:15:10 PM PST by SunkenCiv
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The Eighth Amendment protects those charged with crimes from punishment in disproportion to the charge(s) or conviction(s). The intent of the amendment is both to enforce the presumption of innocence until guilt has been proven, as well as to permit an accused the freedom to prepare an adequate defense.
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So, I guess that most of the Federal criminal codes violate the the 8th Amendment. Prison for picking up an eagle feather or a fossil? Seems a bit extreme.
>Prison for picking up an eagle feather or a fossil? Seems a bit extreme.
But it fits with our leaders’s “for me, but not for thee” attitudes. The problem here is assuming they have ANY interest in seeing Justice done AT ALL.
It should be obvious to all that we have gone from a free republic to a socialist democracy. That will not survive.
If you commit hate speech against the libtard messiah occupying the White House, no bail is too excessive!/sarc
The 8th Amendment prohibits "cruel and unusual" punishments, not disproportionate ones (although some Warren-era Supreme Court cases did add the concept of disproportion to the 8th Amendment). In the Founders' day, shoplifting and pocket-picking were routnely punished with death.
The intent of the amendment is both to enforce the presumption of innocence until guilt has been proven, as well as to permit an accused the freedom to prepare an adequate defense.
What does any of that have to do with "cruel and unusual punishments"? Unless you skipped sometyhing and have gone on to talk about the bail clause of the 8th Amendment.
How do you feel about progressive taxation and the 14th?
Doesn't bother me a bit. If they want to tax Progressives a 100% rate, it serves them Left!
Just because the 16th says we can, I'm not really keen on federal income tax -- thinking the states should fund the federal budget and the citizens fund the states. And, heretically, I think, given a federal income tax, it should be a flat rate across the board, no deductions -- straightforward government support by the honest labor if its citizens. Idealistic and unworkable.
shoplifting and pocket-picking were routinely punished with deaththat would be cruel, because, as everyone knows, people only steal because they're hungry and/or oppressed. /sarc
I love your turn of phrase there. :’)
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