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To: cksharks
Amendment VIII to the US Constitution:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

24 posted on 04/07/2003 11:16:01 AM PDT by Poohbah (Crush your enemies, see them driven before you, and hear the lamentations of their women!)
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To: Poohbah
Yes, but the number 10 is not in the Constitution, it's just an arbitrary rule Kennedy cited. Not the Supreme Court's place to determine a numerical threshold, legislatures should do that.
26 posted on 04/07/2003 11:21:25 AM PDT by VeritatisSplendor
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To: Poohbah; Congressman Billybob
Amendment VIII to the US Constitution: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

As I learned during Jerry Agar's "Drive-By Education" series on the Bill of Rights with guest, Constitutional attorney John Armor, a fine is not the same as a punitive damage award. A fine is imposed by the state, to be paid to the state. Punitive damages or other judgements in civil court, are paid by the defendant to the plaintiff (the injured party), not the state. It has always been understood that these Amendments regarding trials and searches and stuff apply to criminal cases, not civil cases. A Civil trial involves a plaintiff and a defendant. Criminal trials are the state vs. the defendant. For instance, the Fifth Amendment protection against self-incrimination doesn't apply in a civil trial.

55 posted on 04/07/2003 12:19:41 PM PDT by wimpycat ('Nemo me impune lacessit')
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To: Poohbah
The Eighth Amendment applies directly only to CRIMINAL cases, not civil ones.

Billybob
132 posted on 02/04/2005 2:51:12 PM PST by Congressman Billybob (My tagline is on vacation.)
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To: Poohbah
...nor excessive fines imposed

Except that a fine is fundamentally different than a punitive damages award. A fine's amount is mandated by statute, often with some judicial discretion allowed. A punitive damages award depends on the case, and is frequently set by a jury.

136 posted on 02/04/2005 3:08:26 PM PST by TChris (Most people's capability for inference is severely overestimated)
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