Eighth Amendment IQ
The Eighth Amendment
The Eighth Amendment is the fourth consecutive amendment that protects the rights of the accused. The amendment can be broken down into three clauses: Excessive Bail, Excessive Fines, and Cruel and Unusual Punishments. The imprecise wording of the amendment leaves much interpretation up to the courts. Over time they have decided, and re-decided, what the terms excessive, cruel, and unusual all mean.
The text of this amendment reads, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
What year was the Eighth Amendment ratified?
What right is protected under the Eighth Amendment?
Freedom from cruel and unusual punishment, excessive bail, and excessive fines
Freedom of speech
Right to privacy
What are the three clauses of the Eighth Amendment?
Excessive Bail, Excessive Fines, Cruel and Unusual Punishments
Double jeopardy, Excessive Bail, and Excessive Fines
What is bail?
Money paid to get out of jail until the trial
Money paid to an attorney
The handcuffs used by the bailiff at the trial
What is a fine?
Money paid by the accused for the attorney
Money paid as a penalty for breaking the law
Money paid in taxes every year
Would a punishment of life in prison for speeding be acceptable under the Eighth Amendment?
No, that is cruel for the type of crime, too excessive
Yes, the punishment fits the crime
Judges can deny bail altogether for certain prisoners. When might this be acceptable?
When a person does not have money to pay bail
When the prisoner is a flight risk or violent offender
Who determines what “cruel and unusual” means”?
What was the ruling of the Supreme Court in Gregg v. Georgia (1976)?
Life in prison is unconstitutional
The death penalty is not unconstitutional
The Eighth Amendment is the fourth amendment in a row to protect what?
Freedom of speech
The rights of the accused
The right to bear arms
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