Chapter 20 Section 4
Rights of the Accused:
Punishment
A. Excessive
Bail, Fines
1
The
8th Amendment says that the bail or fine in a case must bear a
reasonable relationship to the seriousness of the crime involved.
2
The use
of bail is justified on two grounds.
a
A person
should not be jailed until his or her guilt is established.
b
A
defendant is better able to prepare for trial outside of
jail.
3
Preventive
Detention
a
A 184
law allows federal judges to hold an accused felon without bail if they believe
it is necessary to protect the public from the accused.
b
Critics
of this law say that it amounts to punishment before trial
B. Cruel
and Unusual Punishment
1
The
8th Amendment forbids cruel and unusual punishment.
2
The
definition of �cruel and unusual� has been interpreted fairly narrowly by the
Court.
C.
Capital
Punishment
1
In 1972
the Court struck down existing capital-punishment laws, saying that they left
too much discretion to judges and juries.
2
It has
since ruled that capital punishment can be applied only in cases resulting in
the death of the victim, and in those cases mitigating circumstances must be
considered.
D.
Treason
1
Treason
is the only crime given a specific definition in the Constitution because the
Framers knew that this charge is often used by tyrants to silence their
opponents.
2 Treason is defined by the Constitutions as (1) levying war against the United States or (2) �adhering to their enemies, giving them aid and comfort.�
3 To convict a person of treason, the prosecution must produce two witnesses to the same overt act or a confession it open court.
4 Treason can be committed only in wartime.
5 Espionage, sabotage, and attempts to overthrow the government (either in peacetime or wartime) are also crimes.