Sunday, June 5, 2016

The Seventh and Eighth Amendments

VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

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

The funny thing about the Seventh Amendment is you would think that surely the $20 amount has been changed by now, and it kind of still holds.

There are much higher dollar amounts that are required for a case to be heard in federal court, but there are other courts. You can have a trial without a jury for amounts up to $5000 in small claim courts, but those are not criminal cases.

Ultimately, in a criminal case, you have the right to be tried by a jury, and if the jury exonerates you the judge cannot overturn it. If the jury convicts you, that can be appealed, and in a particularly egregious case a judge might overturn the jury's conviction or even dismiss the case without it going to jury, but that is only to work in your favor. A judge cannot say that the jury's vote for your innocence does not count.

This is a valuable amendment, and one we would be upholding pretty well, except that it may get abused via plea bargains, when frightened people may feel it is better to plea than to go to trial.

This is what makes the 6th Amendment right to a speedy trial so important, as well as the provisions of the 8th Amendment. Awaiting trial in jail can put a life on hold, with wages being lost, and then possibly jobs and places of residence. Excessive bail and fines can derail a life despite the presumption of innocence.

Again, if we believe that even the guilty must not receive cruel or unusual punishment, which we claim here, than we should not be cruelly punishing those who have not been convicted.

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