The Eighth Amendment to the United States Constitution reads, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” With this short sentence, the founding fathers limited the power of government to penalize citizens in ways they deemed unjust. This is the backbone of prisoners' rights in America, but there are quite a few things you probably don't know about its history and application.

5 Things You Didn't Know About the 8th Amendment

1. “Cruel & Unusual” Has Changed Over Time

At the time the Bill of Rights was penned and signed, many punishments were common which would be considered cruel today. Flogging, also known as whipping, was standard practice for some crimes, but, today, any corporal punishment is treated as cruel and unusual.

2. This Amendment Was Not Enforced Until 1962

Originally, only the federal government was constrained by the Bill of Rights. It took until the 20^th century for these amendments to be applied, one by one, to state governments.

3. Bail Still Isn't a Right

The prohibition against excessive bail doesn't guarantee that it will be granted. For prisoners who are considered flight risks, a judge may still decide not to award bail at all.

4. “Excessive” Depends on the Circumstances

The amount of bail set often depends both on the severity of the crime and the means of the accused. The exact number is up to the judge's discretion—occasionally resulting in some very steep but still obtainable bail amounts.

5. The Capital Punishment Debate Still Continues

A significant portion of the U.S. population considers the death penalty cruel and unusual by definition. This is often the basis for challenges to the legality of capital punishment.

At its heart, the Eighth Amendment offers protection to citizens who are at their most vulnerable and have not yet faced trial. The more you understand this amendment, the better you'll defend your rights if they're ever challenged.

 

Richard Cloud Bail Bonding provides bail bond services in Columbia, MO, and the surrounding areas. They offer reliability and discretion as you seek help for your loved ones. If you need a bail bondsman, contact them today at (573) 442-0078, or visit them online.