8C4

Eighth Amendment

Amendment in 7th Grade Language:

QUESTIONS:

1. Why was the 8th amendment put into the Bill of Rights? I. C.
2. Was there a case that inspired this amendment? If so, what was it? R. B.
3. What makes a punishment unfair or unusual? I. C.
4. Are there punishments corresponding to certain crimes? R. B.
5. Who suggested the 8th amendment? I. C.
6. Are there punishments completely forbidden? If so, which ones? R. B.
7. When was the 8th amendment introduced and when was it ratified? I. C.
8. Were there instances when the amendment was not followed? R.B.
9. How is the bail amount decided? I. C.
10. Are there exceptions or loopholes to the amendment? R. B.
11. What impact did the amendment have on society at that time? I.C. & R. B.

ANSWERS:

1. The 8th amendment was put into the Bill of Rights because in some cases judges decided to kill innocent people. In other cases judges asked for a lot of bail money. This caused the citizens to be mad, James Madison decided to create an amendment stating that accused people should not pay too much to get out of jail, or pay too much as a fine, he also said that no cruel or unfair punishment should be given. I. C.
   

2. Yes, in the case of Titus Oates. He was tried and convicted of lying in court, and he was put into prison. He was also regularly confined in a pillory for two days straight and an additional day of being whipped in a moving cart. This caused the amendment to be included in the English Bill of Rights because it happened frequently. In general, many people were punished cruelly for crimes, such as being burned at the stake, crucifixion, castration, taking off body parts, etc. When the Framers came up with the amendments to put into the bill of rights, they adopted this amendment into the American Bill of Rights. R. B.
   

   Titus Oates, pilloried for lying in court. His case inspired this amendment.

3. There are four steps to see what makes a punishment unfair or unusual. The first one is to check the frequency at which the crime occurs in society. The second step is the overall acceptance of the crime. The third one is the severity of the crime. Last but not least, the fourth step is if the punishment is arbitrary (based on random choice) I. C.
4. Yes, there are. Misdemeanors can result in incarcerations in local jails for up to one year. However, felonies can result in imprisonment for more than one year. Also, judges can use probation, fines, restitution, and parole. R. B.
5. The person who suggested the 8th amendment was James Madison. I. C.

   James Madison, the man who suggested the Eighth Amendment when the Framers were writing the Bill of Rights

6. Yes, there are punishments that are completely forbidden. These include taking away a person’s citizenship, painful/hard labor, and death by firing squad. Other forbidden punishments include drawing and quartering, public dissection, burning alive, disembowelment, and execution for people under the age of 18. R. B.
7. The 8th was introduced September 5th, 1789. It was ratified in December 15, 1789. I. C.

   The amendment was ratified by the writers of the Bill of Rights in 1789.

8. Yes, there were instances when the excessive bail portion of the 8th amendment was not followed. These instances include the cases of Waters-Pierce Oil Co. v. Texas, Browning-Ferris v. Kelco, and the United States v. Bajakajian. In the case of Waters-Pierce Oil Co. v. Texas, the Supreme Court announced that fines that are "so grossly excessive as to amount to a deprivation of property without due process of law" are fines that are unconstitutional and excessive. In the case of Browning-Ferris v. Kelco, the Supreme Court stated the circumstances that the Excessive Fines Clause did not apply. Finally, in the case of the United States v. Bajakajian, Hosep Bajakajian did not report that he had over $10,000 when he left the United States. A fine of $357,144 was given, and the Supreme Court ruled this unconstitutional. This was the first instance in which the Supreme Court said that a fine violated the Excessive Fine Clause. R. B.
9. The bail amount is decided by a judge. It is set initially on a "bail schedule" but they can raise or lower the amount based on the circumstances of the case. I. C.
10. One exemption to this amendment is that the mentally retarded are not included in the death penalty. R. B.
11. Because of this amendment, people did not have to endure punishments that were cruel and unusual. The Constitution stated that punishments that were unnecessary or disagreed with by the people were not allowed. Therefore, criminals proved to be guilty did not get punishments like Titus Oates's punishment. By accomplishing this, the amendment carried out its purpose. R. B.
    
    

Fun Facts

• Judges can choose to deny bail if they believe the suspect is a danger to the community.I. C.
• It is the shortest amendment in number of words. I. C.
• It is also one of the most debated amendments, as describing a punishment as "cruel and unusual" can be subjective. R. B.

Citations