Cruel and Unusual/The Eighth Amendment

This is the eighth essay of the “Breakdown” series. We’ll explore the individual rights in the Bill of Rights. And where they stand today. Comments appreciated, now let’s begin.

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

Let’s begin…

“Excessive bail shall not be required,…”
If you rob a store, then a million dollar bail is a bit extreme. At this point, you’re still “innocent until proven guilty” and maybe or not be, a flight risk and based on the extent of the charges.

“nor excessive fines imposed”
Rule of thumb was the monetary value of what was stolen or damaged was the minimum, and not much higher.

“nor cruel and unusual punishments inflicted.”

This is very subjective and the logic behind it was valid. In England types of punishment was drawing and quarter, where your limbs were attached to a horse apiece and you were pulled apart. Definitely torturous. This is also where the death penalty debate arises. Through the Courts this amendment was fine-tuned where they made a list of who you can and cannot kill in the justice system. For example:
Crazy people(understand that)
Rapists and Pedophiles(vehemently disagree with that, they should be executed also)
And that changing perceptions of “decency” has led to changing methods of execution. Hanging, firing squad, electric chair, gas chamber to lethal injection. Or look at it this way, broke neck/strangulation, possibility of a miss(only one or two fired the real bullets, the others were blanks, so it wouldn’t wear on their souls that they shot this guy), painful shock that stopped the heart, asphyxiation or poison, to a pain killer, and a drug that stops the heart. More and more sterile with more thought given to whether the condemned would feel pain. That’s my take on the Eighth.

Remember that just societies have a check and balance system. Government makes laws which are enforced by cops. Laws are just words on paper; you don’t have to follow them, which is why we have cops. The Constitution and the Bill of Rights are the laws that keep the Federal Government in check BUT it’s just words on paper unless enforced by someone. Guess who that is? WE THE PEOPLE, and we are failing miserable due to apathy and complacency. A little monetary or physical security in exchange for freedom and liberty. Not for this wolf, I’m not one of the flock, I’m above it and have taken it upon myself to snap you from your slumber, remove your blindfolds and show you how IT IS!

Another essay to follow on the Ninth Amendment.

What are your thoughts about this?

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