Limits on Bail, Fines, and Punishment The Eighth Amendment prohibits excessive bail, fines, and cruel and unusual punishments. Bail intent is to prevent the defendant from fleeing, and it cannot be more than necessary to ensure the defendant’s appearance in court. Keep in mind that in this country, our Constitution presumes our innocence until proven guilty. Therefore, the defendant retains the right to be free until conviction unless they pose a threat or are likely to flee. Relying on historical precedent, the Magna Carta, a foundational document signed in 1215, defines excessive fines as depriving the defendant of a living. The fine must fit the crime, but not deprive the defendant of their ability to support themselves. You certainly know what unreasonable torture is. Consider how the incarcerated are treated in other countries. Mutilation, organ harvesting, and more would fall under this category. Our country cannot use these methods, as they are cruel, unusual, and …
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