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Amendment VIII
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The prohibition against excessive bail (a sum of money put up to gain release from prison while awaiting a trial and returned if and when the accused appears for trial) is a reflection of the belief that an accused criminal is ''presumed innocent until found guilty.'' The definition of ''excessive bail'' is a subjective one, but the intent of the amendment is to demand a sum of money sufficient to guarantee that the accused does show up for the trial, but not so high as to make it impossible for the accused to gain release.
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The prohibition of excessive fines'' is intended to assure that ''the punishment fits the crime.'' It is closely connected in its rationale with the final section of the amendment, the guarantee against ''cruel and unusual punishments.'' again drawing on English common law traditions, Americans were seeking to move away from ancient practices of gruesome punishments for relatively minor offenses. The definition of ''cruel and unusual punishments'' has often proven a point of contention. Currently, opponents of the death penalty argue that that punishment qualifies as cruel and unusual. Except for a period during the 1970s, the Supreme Court has not agreed, and both state governments and the federal government are free to permit executions if they desire (at present, thirty-five of the fifty states have laws permitting death penalties in some cases -- usually, but not exclusively, murder cases).
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