Page 249 - Beers With Our Founding Fathers

A Patriot’s view of the history and direction of our Country

This history and present experience in the colonies found it

necessary to provide that punishment had to be defined and
appropriate to the crime and defendant. A first time offender may

receive a lesser sentence in the same offense, and a higher crime
would have a harsher punishment than a lesser crime.

This amendment did not attempt to define how bail was set,
fines calculated or imposed, nor punishment determined and

handed down. It did set the standard that the rights of every
defendant were purposeful in assuring a fair and impartial judicial

process, and prohibiting any cruel and unusual fines and
punishment upon conviction. In the interim of the judicial process,

the bail was also not defined, but the standard was set that every
defendant was entitled to a fair bail. Excessive bail is the equivalent

to cruel and unusual punishment without the benefit of trial.

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