Eighth Amendment

[Bails, Fines, Punishments]

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

Since this amendment was put into the Constitution, there has not been a single person who has not been treated according to their eighth amendment rights. Although there are those who argue that the treatment which suspected terrorists receive at Guantanamo Bay, violates this amendment, I think that that is incorrect, as they are not American citizens, so they therefore are not under the protection of the Constitution. But, more on that later. 

The eighth amendment is pretty straight-forward. It clearly explains that bail must be set in proportion to the seriousness of the crime. So a judge could not make a $100,000 bail amount for someone who committed a "petty crime." However, something that may not be so clear, is that bail is not a right. There are some instances where a judge is allowed to withhold bail. 

So one of the arguments against the 8th amendment is whether or not it applies to those suspected terrorist held in Guantanamo Bay. Many believe that they are protected from "cruel and unusual punishment," and that they therefore are being treated unconstitutionally. In my opinion, however, I believe that they are not American citizens, so they are therefore not entitled to the Constitution's protection. Furthermore, they are being detained in the first place for suspected terrorist activity, so why should anyone care if they are being treated unconstitutionally if they are trying to harm America? I know that that probably sounds horrible, but it just seems like cold, hard fact to me. At least by them being locked up, even if they are being treated rather "cruelly," but not, I don't think, in any wrong, inhumane way, they are not able to cause any American any harm. 

Another controversial issue dealing with the eighth amendment is whether or not the death penalty is considered cruel and unusual punishment. Although innocent people have been put to death, I think that it if for the most part, a just punishment. It is not as if they are being tortured or anything else. It is supposed to be quick and painless--nothing that would fall under the category of "cruel" or "unusual." It is tragic that people have been innocently put to death, but nothing is ever perfect, and I think that this form of punishment is in fact constitutional.