Donald L. Koch is a respected St. Louis business leader who guides Koch Asset Management and provides community-focused financial services. As head of the Koch Charitable Foundation, Donald L. Koch sponsors a series of presentations on the Leaders and Founding Principles of The United States of America. These talks provide insight into the timeless documents--from the Declaration of Independence to the Bill of Rights--that helped create a vibrant democracy.
Streamline Legal Operations: A Guide to Paralegal Services
The Eighth Amendment - Protecting the Rights of Those Charged of Crime
1. The Eighth Amendment - Protecting
the Rights of Those Charged of
Crime
Donald L Koch
2. Introduction
Donald L. Koch is a respected St. Louis business leader
who guides Koch Asset Management and provides
community-focused financial services. As head of the
Koch Charitable Foundation, Donald L. Koch sponsors a
series of presentations on the Leaders and Founding
Principles of The United States of America. These talks
provide insight into the timeless documents--from the
Declaration of Independence to the Bill of Rights--that
helped create a vibrant democracy.
Each of the 10 amendments with Bill of Rights has a
specific role and function. The Eighth Amendment to the
U.S. Constitution provides that, “Excessive bail shall not
be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.”
3. Eighth Amendment
The focus of this amendment is on ensuring that
criminal defendants are not subject to excessively
harsh penalties, either pretrial (as bail), or after
judgement is rendered.
The clause “cruel and unusual punishments” reflects
a fear among some, such as Abraham Holmes, that
the nascent republic’s Congress might repeat the
mistakes of the Inquisition against those convicted of
Federal crimes. Patrick Henry emphasized this in
noting that countries in Europe had practiced torture
as a way to “extort a confession of the crime.” The
Eighth Amendment has thus played a significant role
in ensuring the basic human rights of Americans
accused of crimes.