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Torture is the violation of the Eighth Amendment
The 8th Amendment to the United States Constitution states, ''Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.'' The Constitution itself provides this simplified definition of the amendment which provides certain protections to citizens, particularly in regards to punishment and bail. A similar amendment is also found in the English Bill of Rights.
What is Bill of Right?
The 8th Amendment was ratified in 1791 at the same time as the rest of the Bill of Rights, which are the first ten amendments to the Constitution. James Madison wrote these ten amendments which are designed to limit the powers of government in favor of individual freedoms whenever possible.
Some of the amendments prohibit the government from overreach into citizens' private lives. The 8th Amendment is designed, in part, to protect the presumption of innocence; that is, excessive bail cannot be used as a way to punish those who have not yet been convicted of a crime.
- 8th Amendment
The 8th Amendment protects citizens who are arrested. First, the amendment addresses the issue of bail. The 8th Amendment prohibits the government from charging more money for bail or fines than is reasonable. In addition, two factors must be considered when setting bail. The first consideration is how much money the defendant has; the second is whether the defendant is likely to flee the country. The Supreme Court has overturned an excessive fine only once because of the 8th Amendment.
The 8th Amendment has also been used to examine prison conditions. Courts have determined that this amendment calls for officials to address prison sanitation; prisons that allow unsafe or unsanitary conditions to occur would be in violation of the 8th Amendment. This amendment also relates to prison conditions because it forbids prison guards and other members of law enforcement from using excessive force or brutality against prisoners. The importance of the 8th Amendment in regard to prisoners is clear from the protections it affords to incarcerated people.
The 8th Amendment specifically bans:
- Excessive bail or fines
- Excessive force or brutal treatment
- Unsafe prison conditions
- Unsanitary prison conditions
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