What is the 8nd amendment?

What rights do prisoners have in the 8th amendment?

The eighth amendment provides prisoners with limited rights of protection against cruel and unusual punishment during the course of confinement.

What is an example of excessive fines?

When calculating fines, courts must consider the defendant's financial resources and the burden of the fine to the defendant, as discussed in United States v. United Mine Workers, 330 U.S. 258 (1947). In that case, the court found that a $3,500,000 fine against a union was excessive, but that a $700,000 fine was not.

What are some examples of the 8th Amendment being violated?

What does "I plead the 6th" mean?

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

Does the death penalty go against the 8th Amendment?

The Court also held that the death penalty itself was constitutional under the Eighth Amendment. In addition to sentencing guidelines, three other procedural reforms were approved by the Court in Gregg.

Can you waive your 8th Amendment rights?

As it stands today, defendants may waive their Eighth Amendment cruel and unusual punishment rights. The Court has set standards for determining the validity of such waivers. The waiver must be reflected in the trial record, and it must be “voluntary,” “knowing,” and “intelligent” acts.

What happens if you do not plead?

If the defendant refuses to enter a plea—or to even speak—then the judge will typically enter a not guilty plea on his or her behalf. (The judge may first try to determine why the defendant won't plead and convince him or her to do so.)

Does "I plead the fifth" mean "yes"?

For someone facing criminal charges, pleading the Fifth means exercising their right to remain silent and not incriminate themselves. If you worry about answering questions out of fear that you may be guilty of a crime, you have the legal right to plead the Fifth.

What counts as cruel and unusual punishment?

Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction.

Why did the founding fathers create the 9th Amendment?

Constitutional Amendments – Amendment 9 – “Enumerated Rights of the People” Amendment Nine to the Constitution was ratified on December 15, 1791. It clarifies that the document is not a comprehensive list of every right of the citizen, and that the yet-unnamed rights are entitled to protection by the law.

Which statement best summarizes the intent of the Eighth Amendment?

While various interpretations exist, the overarching intent of the Eighth Amendment can be best summarized as protecting against disproportionate punishment and upholding human dignity within the criminal justice system. This means: Proportionality: The punishment should fit the crime.

What does "I plead the 7th" mean?

The Seventh Amendment has been interpreted to mean that the right to a trial by jury is guaranteed in federal civil cases. Additionally, this jury trial will follow the rules of common law and the jury's decision cannot be reversed by a federal judge.

What does I plead the 4th mean?

The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.

What are the 10 amendments?

What 3 things are prohibited by the 8th Amendment?

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

What is amendment 7?

Amendment Seven to the Constitution was ratified on December 15, 1791. It protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value. It also prohibits judges in these trials from overruling facts revealed by the jury.

Do you have more rights than are mentioned in the Constitution?

“The language and history of the Ninth Amendment reveal that the Framers of the Constitution believed that there are additional fundamental rights, protected from governmental infringement, which exist alongside those fundamental rights specifically mentioned in the first eight constitutional amendments. . . .

What are rights not listed in the Constitution?

Because the rights protected by the Ninth Amendment are not specified, they are referred to as “unenumerated.” The Supreme Court has found that unenumerated rights include such important rights as the right to travel, the right to vote, the right to keep personal matters private and to make important decisions about ...

What is crime most simply is a violation of?

Merriam-Webster defines the word crime as “an illegal act for which someone can be punished by the government.” Simply put, a crime is a violation of local, state, or federal law.

What is the 4th Amendment?

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things ...