Subjects law

Eighth Amendment Violation

Step-by-step solutions with LaTeX - clean, fast, and student-friendly.

Search Solutions

Eighth Amendment Violation


1. The Eighth Amendment to the U.S. Constitution prohibits cruel and unusual punishments and excessive bail or fines. 2. Let's analyze each situation to see if it violates the Eighth Amendment protections regarding criminal punishment: - A protester jailed for violent acts at a political rally: This is a lawful punishment for violent behavior, so it does not violate the Eighth Amendment. - A person sentenced to life in prison for shoplifting: This is an excessively harsh punishment for a non-violent crime like shoplifting, likely violating the Eighth Amendment's prohibition on cruel and unusual punishment. - A person sentenced to ten years imprisonment for assault and robbery: Assault and robbery are serious crimes, and a ten-year sentence is within typical legal bounds, so this does not violate the Eighth Amendment. - A judge orders that an accused person be jailed until bail is paid: The Eighth Amendment prohibits excessive bail, but jailing until bail is paid is standard procedure and not necessarily a violation unless bail is excessive. 3. Therefore, the situation that violates the Eighth Amendment is: $$\text{A person is sentenced to life in prison for shoplifting.}$$ This is an example of cruel and unusual punishment because the punishment is disproportionate to the crime committed.