VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
March 1, 2012
COMMENTARY Cruel and Unusual Punishment is Unconstitutional 03-01-12
Most of you know that I usually strike a pretty hard line on punishment, at least for the worst of crimes. And no, I don't think that capital punishment or solitary confinement are necessarily cruel, and not particularly unusual, either. But I'm taken aback by what one documentarian discovered when she delved into the use of solitary confinement in American prisons. She's right: There are apparently more than a few instances where "cruel" certainly applies! I have to agree with her that this situation is in unquestioned need of review.
February 28, 2012
- Court gives Arizona warning about execution protocol 02-28-12
For all of the questions that might be asked concerning a pending execution, this should never be one of them. What the hell is Arizona thinking, and where is its accountability?
February 27, 2012
- LEGAL ANALYSIS Another Death Row Debacle: The Case Against Thomas Arthur 02-27-12
Thomas Arthur is not a very nice guy. But his guilt in the crime for which he's been sentenced to death is iffy at best. The very least the state of Alabama could do is ensure it's putting the right man to death! It's refusal to permit a simple test that could very well definitively offer proof one way or the other is reprehensible. In fact, I'd put that level of morality (or the lack thereof) on a par with a guilty killer! And that's a perfectly valid comparison given that that's exactly what the state might lower itself to be should it take the life of an innocent victim.
February 24, 2012
Judge Decines Delaying Executions 02-23-12
As long as the execution team is competent, I fail to see the problem here. In fact, even in the case of the man who turned out to have a criminal record, there hasn't been any evidence that he was unqualified to insert an IV!
About the Eighth Amendment
The Eighth Amendment protects those charged with crimes from punishment in disproportion to the charge(s) or conviction(s). The intent of the Amendment is both to play some small role (in conjunction with the Fourth, Fifth, and Sixth Amendments) in enforcing the presumption of innocence until guilt has been proven, as well as to permit an accused the freedom to prepare an adequate defense. The notion comes almost verbatim from the English Bill of Rights (1689).
In some instances, it may appear that bail is excessive. In fact, the bail may have been deliberately set so high as to be impossible for the defendant to pay. This is not necessarily unconstitutional, however, when it is understood that bail is to be calculated based on the danger the defendant may represent to the public if he or she is not incarcerated as well as on the likelihood a defendant will flee. Court cases dealing with this issue have consistently found that high bail amounts can be appropriate and not in violation of the Eighth Amendment.
Capital punishment is not necessarily cruel and unusual,
according to court rulings, unless a death sentence is mandatory for certain crimes and thus leaves a judge and jury no discretion in the matter. It goes without saying that the method of execution itself must be humane. Although I agree that some criminals may not deserve compassion, I would point out that it was the criminal's egregious lack of compassion that landed him (or her) on Death Row and the State should certainly be better in that regard than are those upon whom it imposes sentence. I must add that I support death sentences only when guilt is certain. Even a "beyond a reasonable doubt" verdict can be wrong (haven't we seen enough people released from prison for serious crimes it turns out they didn't commit?), and recompense can never be made to a man or woman who is dead.
Click here for more on the Eighth Amendment.
