Punishment

Civil liberties do not stop just because a person is convicted (found guilty) of a crime. The 8th Amendment offers protections for Americans in jail or prison.

The 8th Amendment says that bail cannot be excessive or unreasonably high. Bail is a sum of money the accused person must give the court to go free until the time of trial. This money guarantees that he or she will appear in quart at the proper time. Bail helps the defendant prepare for trial. If the defendant does not come to court, he or she does not get back the bail money.

Sometimes the court thinks a suspect will commit other crimes before the trial. In such a case, the judge can say no to bail, and the accused person goes back to jail.

The 8th Amendment also forbids "cruel and unusual punishmen." Over the years, many Supreme Court decisions have defined what is "cruel and unusual." For example, in 1976's Estelle v. Gamble, the Court ruled that not giving prisoners medical care is cruel and unusual. On the other hand, in a 1980 case, mandatory life sentances for some serious crimes were found constitutional.

One issue the Supreme Court looks at again and again is capital punishment, or the death penalty. This means the prisoner's sentence is death. In 1976, the Supreme Court held that the "punishment of death does not... violate the Constitution." The highest penalty for treason is capital punishment. Other Court decisions, like Furman v. Georgia in 1972, threw out death penalty laws that were unfair.

Most states use a two-stage process to make sure the death penalty is used fairly. First a trial determines whether the accused person is guilty or not. Then, a hearing decides whether a death sentence is the just punishment.