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To: SunkenCiv
The Eighth Amendment protects those charged with crimes from punishment in disproportion to the charge(s) or conviction(s).

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.

8 posted on 03/02/2009 4:58:05 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian
shoplifting and pocket-picking were routinely punished with death
that would be cruel, because, as everyone knows, people only steal because they're hungry and/or oppressed. /sarc
12 posted on 03/02/2009 5:39:40 PM PST by SunkenCiv (https://secure.freerepublic.com/donate/____________________ Profile updated Monday, January 12, 2009)
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