Historical Background that Led to the Eighth Amendment - Coursework Example

It later became a theme of the U.S. Supreme Court Eighth Amendment discussion about normal penalties collectively forced in an undue and unprecedented way. Why the Eighth Amendment Has Not Been Fully Incorporated The Eighth Amendment has not been fully incorporated since it was only applied as a clause to the states when a suitable case challenging the state's contravention of that clause is formally requested for review. Moreover, the Supreme Court makes use of the principle of selective incorporation when it comes to applying the Bill of Rights to the given states (Harr, Hess and Orthman 420).

What was considered initially was the cruelty when it comes to method of punishment, and not the ban of excessive punishments. The reason being that it is hard to ascertain the level at which the court can be able to tell between the permissible from that considered as cruel or unusual, bearing in mind that the Bill of Rights is a pronouncement of universal principles aimed at presiding over the social order of freemen (Harr, Hess and Orthman 397). . Secondly, the appellate court may possibly not be able to handle disputes to bail quicker than trial courts are able to hear the case, and as a result this renders it moot or hard for trial prior to review (Harr, Hess and Orthman 400).

How Bail Can Be Assured For Those Accused of Crimes The right to bail can be assumed through case law and statutory law. Hence, the Bail Reform Act of 1984 provides the judicial authority to comprise definite conditions for granting bail based on community safety or otherwise the risk of the individual not appearing for trial (Harr, Hess and Orthman 398). This is in view of the fact that the pretrial detention should not violate due process or the eight amendment. For this reason, when the only asserted interest is to warrant that the accused will stand trial and give in to sentence when found guilty, then in that case bail should be handed by the court at an amount designed to make certain that objective and no more.

Notably, the legislature rather than the constitution is the actual framer of bail law. The Federal law defines that every noncapital offenses is bailable, but in capital offenses the decision to hold a suspect prior to a trial is left up to the judge (Harr, Hess and Orthman 400). The state courts assure bails for those accused of crime based on the excessive bail provisions within the state constitution or else through legislation and case law, however, the constitution only bars excessive bail (Harr, Hess and Orthman 401).

Basic Need for Bail Bail seeks to serve two needs. Firstly, bail seeks to uphold the presumption of innocence by permitting the person not yet convicted to avoid continued incarceration. Secondly, bail seeks to