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What is the importance of the 8th Amendment?Amendment VIII - Bail, Cruel...

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sara212 | Student, Undergraduate | Salutatorian

Posted September 30, 2011 at 1:50 PM via web

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What is the importance of the 8th Amendment?

Amendment VIII - Bail, Cruel and Unusual Punishment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

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pohnpei397 | College Teacher | (Level 3) Distinguished Educator

Posted September 30, 2011 at 2:03 PM (Answer #1)

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The 8th Amendment is perhaps less important in terms of rights than other amendments in the Bill of Rights.  It does, however, work to protect us from potential tyranny by the government.

One important part of the amendment is the prohibition on excessive bail.  This prevents the government from holding us for long periods of time simply by imposing high bail.  If not for this, the government could hold a person in jail for a long time before their trial, regardless of the severity of the charge.  This would give the government a good way to imprison people that it simply did not like.

The provisons against excessive punishment also serve to protect us from government tyranny.  Were it not for these provisions, the government could, for example, target someone with "bad" political views, convict them of some minor traffic violation, and then proceed to take all their property and imprison them for a long period of time.  By banning such excessive punishments, this amendment protects us from government tyranny.

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gurden | Student , Grade 10 | Honors

Posted September 30, 2011 at 2:54 PM (Answer #2)

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“ Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ” The Eighth Amendment (Amendment VIII) to the United States Constitution is part of the United States Bill of Rights which took effect in 1791. The amendment prohibits the federal government from imposing excessive bail, excessive fines, and cruel and unusual punishments. The phrases employed are taken from the English Bill of Rights of 1689. In Robinson v. California, 370 U.S. 660 (1962), the Supreme Court of the United States said that the Cruel and Unusual Punishments Clause is applicable to the states via the Fourteenth Amendment. The Court has not explicitly ruled on whether the Excessive Bail and Excessive Fines Clauses apply to the states.

 

The "cruel and unusual punishments" clause has been the most important and the most widely debated. The court has ruled that punishments involving lingering deaths (such as quartering and burning at the stake) are banned by this amendment, but not other forms of capital punishment.




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crazyharry | Student , Grade 10 | eNoter

Posted September 30, 2011 at 5:43 PM (Answer #3)

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The 8th Amendment is important because it protects the individual from excessive bail or fines, and from "cruel and unusual punishments."

The "cruel and unusual punishments" clause has been the most important and the most widely debated. The court has ruled that punishments involving lingering deaths (such as quartering and burning at the stake) are banned by this amendment, but not other forms of capital punishment.....  hope it helps........



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lalithareddy | High School Teacher | Valedictorian

Posted October 1, 2011 at 12:22 AM (Answer #4)

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The 8th Amendment is important because it protects the individual from excessive bail or fines, and from "cruel and unusual punishments."

The "cruel and unusual punishments" clause has been the most important and the most widely debated. The court has ruled that punishments involving lingering deaths (such as quartering and burning at the stake) are banned by this amendment, but not other forms of capital punishment.



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