Which MOST likely represents an example of someone being denied an Eighth
Amendment
right?
A. A judge sentences a criminal convicted of homicide to death.
B. A judge orders a person accused of a serious crime to be held without bail.
C. A judge sets bail at one million dollars for a painter accused of charging a
customer too much for a job.
D. A judge orders a convicted criminal to complete 240 hours of community
service instead of spending
10 days in jail.

Question

21-05-2024
Law

Answered

Which MOST likely represents an example of someone being denied an Eighth
Amendment
right?
A. A judge sentences a criminal convicted of homicide to death.
B. A judge orders a person accused of a serious crime to be held without bail.
C. A judge sets bail at one million dollars for a painter accused of charging a
customer too much for a job.
D. A judge orders a convicted criminal to complete 240 hours of community
service instead of spending
10 days in jail.

Answer :

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GinnyAnswer GinnyAnswer · Answer 1 · 2024-05-21T14:50:05-04:00

In this scenario, the Eighth Amendment protects individuals from cruel and unusual punishment.

A. A judge sentencing a criminal convicted of homicide to death does not violate the Eighth Amendment as capital punishment is allowed in certain cases.

B. However, if a judge orders a person accused of a serious crime to be held without bail, it could be considered a violation of the Eighth Amendment. This is because it denies the accused the right to reasonable bail, which goes against the protections of the Eighth Amendment.

C. Setting bail at an excessively high amount for a minor offense like overcharging a customer would not typically be seen as a violation of the Eighth Amendment since bail amounts can vary based on factors like flight risk and seriousness of the offense.

D. Finally, ordering a convicted criminal to complete community service instead of serving a short jail sentence does not violate the Eighth Amendment. It provides an alternative punishment that is not considered cruel or unusual.

In conclusion, option B (A judge orders a person accused of a serious crime to be held without bail) most likely represents an example of someone being denied an Eighth Amendment right.