This amendment refers to the sentencing portion of a trial. Excessive bail or fines should not inflicted upon a defendant, nor should cruel and unusual punishment. One important factor is that bail is not a right. It does not need to be set.
Bail Bonds: How They Are Determined
This article through Ezine discusses how bail amounts are determined. The point of bail is to ensure the accused will show up for his trial but still granting him the right to conduct his own business in the meantime. The three factors used to decide bail amounts are the severity of the crime, whether the accused has a criminal history, and whether the accused is a flight risk.
This cartoon is a play on the words "cruel and unusual punishment." Often times, these punishments are used to pull a confession or answer out of the defendant. The amendment defines "cruel and unusual punishment" as a sentence that has not been given before.
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