In a sense, the Eighth Amendment plays an important role in the foundation of the American legal system, protecting those facing criminal charges from unusually harsh or arbitrary penalties. If you’ve been arrested, this amendment ensures that “bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” These key legal principles were included in the Constitution to keep the government from using the criminal justice system as a tool for oppressing citizens and expanding its power.

An Introduction to the Eighth Amendment

The Origins of Bail & Legal Protections

In 1689, England adopted a Bill of Rights, which included protections against cruel and unusual punishment, as well as prohibitions on arbitrary bail amounts. Previously, torture and other cruel punishments were used to force defendants to confess, while local sheriffs often imposed high bail amounts to keep arrested people in jail. When the Framers of the Constitution drafted the Bill of Rights, they imported the ideas that had protected English citizens for over a century.

Why the Eighth Amendment Was Adopted

The American Constitution created a stronger federal government, which had the power to create a criminal code and prosecute offenders. During the debate over ratifying the Constitution, many people worried that the new federal government would follow the example of other countries that used torture and arbitrary charges to control the population.

How Bail Works Today

Along with the prohibition against cruel and unusual punishment, the Eighth Amendment also ensures that defendants don’t have to wait out their trials in jail. In today’s system, most people who have been arrested can secure their release almost immediately by posting bail. Bail is simply collateral that guarantees the defendant will show up in court and avoid getting into further legal trouble until their case is over. At the conclusion of the case, the bail amount is returned regardless of the trial’s outcome.

If you or a loved one has been arrested, an experienced bond agency can help secure their release as quickly as possible. For over 15 years, the compassionate agents at Nicholas Bail Bonds have been helping defendants and their families throughout Southern Missouri, offering 24/7 service and prompt attention to those who need it most. Visit their website for more on their broad range of services, follow their Twitter for news and updates, or call (417) 255-1109 any time to speak with a friendly, knowledgeable bail bond agent.