Amendment 8, another simple one that isn’t quite all that simple.

Amendment IIX

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

What it means:  When committing a crime, people tend to get caught, and when caught, they tend to get put on trial, in jail, or if a politician, the ability to give themselves another pay raise.  This amendment was put in to protect the poor from being put into an untenable position.  Bail should be standardized, penalties standardized, and punishments should be fair.  This goes back to when a judge could pretty much do anything the wanted…someone you don’t like is up for trial, set bail too high for them  get free to find evidence, give them a fine that takes all their possessions, and then, for good measure, set fire to a part of their body.  With bail set at certain limits for certain crimes, ability to pay, and the amount of a flight risk a person is, it tried to ensure that a person could GET bail, but should they try to escape, they couldn’t afford to get far.  Plus, y’know, bail bondsmen.

Today:  What with the appeal process, insurance, and standardized punishments, excessive bail and excessive fines aren’t nearly as much a problem as they used to be.  While on occasion bail is denied due to factors of the case, in most instances it is readily available.  Fines for the most part, aren’t excessive.  This is why a corporation could commit a heinous act, and be given an order to clean up the mess and a small fine.  Which is then written off in their taxes as a business expense.  Don’t ask about punitive damages…they are different, are generally excessive, and usually go to the government, not the person wronged.

As for cruel and unusual punishment, being a fan of history, I could tell you stories.  In present day, not so much.  We as a nation aren’t nearly as bad as other countries, in that we at least TRY not to torture people.  Well, we don’t leave marks.  On the outside.  The huge controversy is the death penalty.  Once a person is convicted of a crime, it could be decades before they are put to death, and despite myself, I have to agree with this.  After all, the person might be innocent.  Actually, we’re discovering more and more that they ARE innocent.  On the other hand, a quick painless death versus a lifetime of being locked in a small room, living in constant fear, dealing with the worst sorts of peoples, denied the basic human rights we take for granted…yes, I know our jails are a great deal more comfortable then many nations, but even so.  Then when getting out of jail, many opportunities are now denied (except for a telepreacher, for some reason.  You should SEE the rap sheet these guys have.  And asked for forgiveness for, I’m sure.) for the rest of their lives.

Nothing cruel or unusual in that, no sir!