Where The Eighth Amendment Comes From...
(Passed by Congress on 25 September 1789/ Ratified on 15 December 1791)
The Magna Carta 1215
The idea that punishments should fit the crime came from the English Magna Carta of 1215, which states "A free man shall not be [fined] for a small offense unless according to the measure of the offense, and for a great offense he shall be [fined] according to the greatness of the offense."
Titus Oates and the English Bill of RightsTitus Oates was tried and convicted of lying in court, since his untrue statements led to the execution of innocent people. His punishment consisted of imprisonment and an annual ordeal. Though it was considered normal at the time, the English people began to be offended by the fact that his three day torture (two days confined in a pillory and one day of being whipped) repeated year after year, which made it quite excessive.
Later, this case was specifically mentioned by Parliament when they were explaining why they wrote provisions about excessive punishment into the English Bill of Rights of 1689. As Sir William Blackstone, a famous British jurist and judge, puts it: "However unlimited the power of the court may seem, it is far from being wholly arbitrary; but its discretion is regulated by law. For the bill of rights has particularly declared that excessive fines ought not to be imposed, nor cruel and unusual punishments inflicted..." Also, the excessive bail idea worked its way into British law over time. In order to prevent judges from inappropriately imprisoning people for unjust reasons, the Habeas Corpus Act of 1679 was established. (This is a judicial order requiring the release of people who were unlawfully detained.) However, corrupt judges found a way around this act by ordering fines too large for the people to pay. This led to the addition of "excessive bail ought not to be required" in the English Bill of Rights of 1689, though this did not define which crimes were bail able and which were not. |
^Titus Oates in a pillory, which is a device designed for public humiliation.
^George Mason, author of the Virginia Declaration of Rights
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The Virginia Declaration of Rights
The Virginia Declaration of Rights was approved and passed by the Fifth Virginia Convention at Williamsburg, Virginia in June of 1776. Written by George Mason, it included the phrase, "That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted," which was drawn from the English Bill of Rights.
When it came to decide whether or not to adopt the United States Constitution, Virginia and Massachusetts both insisted that a Bill of Rights be added to the Constitution, including a statement that prohibits excessive punishments. Later, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." is one of the ten amendments adopted by the first Congress, and became the 8th amendment of the Bill of Rights.
When it came to decide whether or not to adopt the United States Constitution, Virginia and Massachusetts both insisted that a Bill of Rights be added to the Constitution, including a statement that prohibits excessive punishments. Later, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." is one of the ten amendments adopted by the first Congress, and became the 8th amendment of the Bill of Rights.