cago, B. & Q.R. Co. _v._ Chicago, 166 U.S. 226, 242
(1897).

AMENDMENT 8

BAIL, FINES, AND OTHER PUNISHMENT FOR CRIME

Page
Excessive bail 903
Excessive fines 904
Cruel and unusual punishments 904

PUNISHMENT FOR CRIME

Amendment 8

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

When the Bill of Rights was being debated in Congress, two members took
exception to this proposal. One "objected to the words 'nor cruel and
unusual punishment,' the import of them being too indefinite."[1]
Another leveled a similar criticism at the entire amendment; "What is
meant by the terms excessive bail? Who are to be the judges? What is
understood by excessive fines? It lies with the court to determine. No
cruel and unusual punishment is to be inflicted; it is sometimes
necessary to hang a man, villains often deserve whipping, and perhaps
having their ears cut off; but are we in future to be prevented from
inflicting these punishments because they are cruel? If a more lenient
mode of correcting vice and deterring others from the commission of it
could be invented, it would be very prudent in the Legislature to adopt
it; but until we have some security that this will be done, we ought not
to be restrained from making necessary laws by any declaration of this
kind."[2]

Excessive Bail

A United States District Court fixed the bail of twelve persons who were
arrested on charge of conspiring to violate the Smith Act[3] at $50,000
each. This was on the theory advanced by the Government that each
petitioner was a pawn in a conspiracy and in obedience to a superior
would flee the jurisdiction, a theory to support which no evidence was
introduced. The Court held that bail set before trial at a figure higher
than reasonably calculated to assure the presence of defendant at his
trial is "excessive" in the sense of the Eighth Amendment, and that the
case of each defendant must be determined on its merits. Bail of larger
amount than that usually fixed for serious crimes must be justified by
evidence to the point.[4] But the power of the Attorney General, under
Sec. 23 of the Internal Security Act of 1950,[5] to hold in custody without
bail, at his discretion, pen