Law 8th amendment notes contd
Dec. 5th, 2007 10:21 amNo excessive bail
An amount so high that the defendant could not possibly pay it
Grossly out of proportion to the crime accused
No excessive fines
No cruel and unusual punishments
Tied to Magna Carta - person can't be detained unless the law of the land says so
(ie, you can arrest someone for being a terrorist even if they haven't terrorized anything)
Used by five knights in 1627 - Darnel's Case
Sir Thomas Darnel and 4 other knights were arrested for refusing to contribute to a loan for the King
They were held without bail
Magna Carta said nothing about bail, therefore they could make things up as they go along
They were released after much controversy in 1628
Ramifications:
There was outrage (people supposed to be protected by crown, not randomly thrown into jail)
People recognized outrage of being held without bail
House of Commons in 1628 passed legislation to combat this
PETITION OF RIGHT- Provided for people like Darnel who had been arrested and were awaiting trial and should be given the opportunity to post bail
Petition of Right did nothing to curtail extremely high bail
1676: Jenkes' Case
Jenkes imprisoned for inciting a riot
Verbally attacked govt of King Charles II
Imprisoned for 2 months without trial or bail
Brought about The Habeas Corpus Act of 1679
Persons who claimed they were being unlawfully held in jail could have issue immediately resolved by a court
Habeas Corpus: Writ usually used to bring a prisoner before court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
Ramifications:
William and Mary assume throne of England in 1689.
Adopt English Bill of Rights in 1689, which included a provision against excessive bail
CRUEL AND UNUSUAL PUNISHMENT
Magna Carta contained provisions that punishments could not be excessive in light of the crimes committed.
ie, cannot have head chopped off for jaywalking
Different Views:
Idea was to prevent torture
Punishments in England: Dissection, Gibbeting, Whipping, Burning, Pillorying, Beheading,
An amount so high that the defendant could not possibly pay it
Grossly out of proportion to the crime accused
No excessive fines
No cruel and unusual punishments
Tied to Magna Carta - person can't be detained unless the law of the land says so
(ie, you can arrest someone for being a terrorist even if they haven't terrorized anything)
Used by five knights in 1627 - Darnel's Case
Sir Thomas Darnel and 4 other knights were arrested for refusing to contribute to a loan for the King
They were held without bail
Magna Carta said nothing about bail, therefore they could make things up as they go along
They were released after much controversy in 1628
Ramifications:
There was outrage (people supposed to be protected by crown, not randomly thrown into jail)
People recognized outrage of being held without bail
House of Commons in 1628 passed legislation to combat this
PETITION OF RIGHT- Provided for people like Darnel who had been arrested and were awaiting trial and should be given the opportunity to post bail
Petition of Right did nothing to curtail extremely high bail
1676: Jenkes' Case
Jenkes imprisoned for inciting a riot
Verbally attacked govt of King Charles II
Imprisoned for 2 months without trial or bail
Brought about The Habeas Corpus Act of 1679
Persons who claimed they were being unlawfully held in jail could have issue immediately resolved by a court
Habeas Corpus: Writ usually used to bring a prisoner before court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
Ramifications:
William and Mary assume throne of England in 1689.
Adopt English Bill of Rights in 1689, which included a provision against excessive bail
CRUEL AND UNUSUAL PUNISHMENT
Magna Carta contained provisions that punishments could not be excessive in light of the crimes committed.
ie, cannot have head chopped off for jaywalking
Different Views:
Idea was to prevent torture
Punishments in England: Dissection, Gibbeting, Whipping, Burning, Pillorying, Beheading,