Free Republic
Browse · Search
News/Activism
Topics · Post Article

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')
[ Post Reply | Private Reply | To 24 | View Replies ]


To: wimpycat
Ah, but it IS a punishment by definition.

Leave it to lawyers to find a way to get past that amendment when it means more money in their pockets.
56 posted on 04/07/2003 12:21:23 PM PDT by Poohbah (Crush your enemies, see them driven before you, and hear the lamentations of their women!)
[ Post Reply | Private Reply | To 55 | View Replies ]

To: wimpycat
Evening, my friend,

The series you remember from Friday radio sessions in Raleigh, North Carolina are now Friday morning sessions in Kansas City, Missouri. Jerry Agar has moved to a larger market, there, and we have just begun that series again, under the title of "America 101."

The full text of the series is being put up on the station's website, for download, with the commercials removed. www.kmbz.com is the website.

John / Billybob
133 posted on 02/04/2005 2:59:24 PM PST by Congressman Billybob (My tagline is on vacation.)
[ Post Reply | Private Reply | To 55 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson