1. Introduction to Constitutional Law Unit 9

2. CJ140 – Introduction to Constitutional Law Unit 9: The Eighth Amendment CJ140

3. Tonight’s Topic We will discuss the Eighth Amendment with the following Unit Goals in mind: We will discuss the Eighth Amendment with the following Unit Goals in mind: Identify the rights protected by the Eighth Amendment Identify the rights protected by the Eighth Amendment Discuss the purposes of bail Discuss the purposes of bail Examine the concept of excessive bail Examine the concept of excessive bail Recognize what may be seized under asset forfeiture laws Recognize what may be seized under asset forfeiture laws Summarize the general rule regarding punishments Summarize the general rule regarding punishments Analyze applications of the prohibition against cruel and unusual punishment Analyze applications of the prohibition against cruel and unusual punishment

4. Tonight’s Topic We will also discuss the following questions: 1.Are poor defendants at a disadvantage in preparing their defenses if they cannot afford to make bail? 2.If bail is denied in a particular criminal case, has the defendant's presumption of innocence been denied as well?

5. The Eighth Amendment “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” U.S. Const. amend VIII.

6. The Eighth Amendment “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” U.S. Const. amend VIII.

7. The Eighth Amendment “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” U.S. Const. amend VIII.

8. The Eighth Amendment “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” U.S. Const. amend VIII.

9. The Eighth Amendment Guarantees Prohibition against excessive bail; Prohibition against excessive fines; and Prohibition against cruel and unusual punishment.

10. Prohibition Against Excessive Bail Bail = Money or property pledged by criminal defendant or his/her agent (like a bondsman) for pretrial custody release to assure appearance in court. If the defendant should fail to appear, a forfeiture of the bail will be issued and the defendant will be re-arrested. (Sometimes called bond) Policies behind Bail: Helps to ensure presence of defendant Helps to maintain presumption of innocence

11. Example: Bail Guidelines Robeson County North Carolina NOTE: While there are no such federal guidelines, 18 USC § 3141 et seq sets out the process for setting bail in a federal case.

12. Prohibition Against Excessive Fines Fine = Money paid by convicted criminal as punitive measure; can also be in form of asset forfeiture Policies behind Fines: Punitive Revenue Generating

13. Prohibition Against Cruel and Unusual Punishment Proportionality Analysis = Punishment fits the crime. Death Penalty is not cruel and unusual punishment as long as proportionality requirement is met. It is cruel and unusual for death penalty for juveniles and mentally retarded individuals. What about these: Overcrowding Solitary Confinement Water boarding Corporal Punishment Physical Abuse

14. Discussion Are poor defendants at a disadvantage in preparing their defenses if they cannot afford to make bail?

15. Discussion If bail is denied in a particular criminal case, has the defendant's presumption of innocence been denied as well?

16. Questions?