5 reasons to understand the eighth amendment punishment july 11 2013
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5 Reasons to Understand the Eighth Amendment Punishment
Not engaging in excesses is one of the fundamental laws of the land, it is also recognised by
the Eighth Amendment – ‘Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.’ But would the law makers abide by this? Or is
punishment just a way to instil a sense of security in the minds of the common man? As a
society, we ought to believe more in reform than in punishment.
What would interest you about the Eighth Amendment?:
1. Reformation:
The thinking behind punishment for a crime is to make the individual realise the
gravity of his mistake and have him repent for the same. Down the years that has
translated into handing out harsh punishments to individuals whether or not they
deserve them or without giving a thought to the long term effect it would have on
the person. Punishment has a way of searing into a person’s consciousness and
instilling fear where there should be positivity and goodness. This may instil
momentary fear in the criminal or accused’s mind, but this does not transform into
permanent restoration. The individual might even be more likely to commit a crime
just so that he/she can extract revenge on the system that treated him/her so
harshly.
2. Unusual Punishment:
Defining the cruel and unusual punishment aspect under the eighth amendment that
prohibits unnecessarily cruel punishments for federal crimes. Inflicting pain on the
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accused is an uncalled for measure that can be avoided until the crime is proved and
punished. Cruelty of any measure restricts the accused’s will to improve and change.
3. Excessive bail:
Bail is a method by which the accused stands to be at an advantage as he gets time
to plead his/her case, prepare it and prepare themselves for the upcoming ordeal.
But this is the process which is most abused. Bail amount and conditions are
excessively unfair to the accused and seem to be made only to make them suffer.
When fixing the amount of bail for a particular defendant the court considers (1) the
seriousness of the offence (2) intensity of evidence against the accused (3) extent of
ties to the community (4) ability to pay a certain amount as fine (5) trustworthiness
of the accused.
4. Fines:
Fines need to be in accordance with the intensity and impact of the crime
committed. Imposing fines that take away the defendant’s property and assets does
not strengthen the judicial system, in fact it makes the people’s faith weaker.
5. Evolution of Society:
Like everything in the world, constitution evolves. It is what helps the society evolve
into an all-inclusive community. There have been further changes to the
constitution, all heralded by the eighth amendment. The Eighth Amendment has
introduced a refutation of excess – be it in punishment or bail – and thus helped
realize that mistakes need to be evaluated in a balanced manner, without holding
prejudices. Evolving standards of decency have been established due to this
amendment.
The Eighth Amendment allows for an overall progress of the society in a stable manner. The
ban on enforcing unusually harsh punishments is a special sanction.
Sources:
1. http://legal-dictionary.thefreedictionary.com/Eighth+Amendment
2. http://law2.umkc.edu/faculty/projects/ftrials/conlaw/cruelunusual.html
3. http://legal-dictionary.thefreedictionary.com/Cruel+and+Unusual+Punishment
4. http://nationalparalegal.edu/conlawcrimproc_public/RightsAtTrial/ProtectFromCruelPunish.
asp
