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Sunday, October 24, 2010

The Eighth Amendment

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."



If a person is charged with an offense that permits that person to be released while awaiting trial, the amount of bail required should be reasonable. This means that the amount should be enough to make it likely that the person will appear in court at the appointed time rather than lose it, but should not be so high that paying it is impossiblee. Cruel AND unusual punishment is forbidden, uunusual punishment is permitted if it is not cruel.

Scalia: Torture  is Not Unconstitutional.




Comment
I think that Judge Scalia has some good points in this video. He says that punishment and unusual,, but I think torture is still cruel and consider punishment. They pretty much judge because somebody looks "like a terrorist" or was at the wrong place at a wrong time. And whether is punishment or not it is still cruel.

Unthinkable: Movie Trailer



Comment:

This is a difficult one, because it is hard to take a decision when someone tells you that he has set four bombs that will kill thousands of people but he won' tell you where they are. How do get information from him? where do you draw the line? I see what the government was doing here in order to save more lives but how much is enough? Does this really happens in real life? If so, isn't it under the Eighth Amendment not to use cruel and unusual punishment?

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