Example Of What Are The Constitutional Limits On Criminal Punishment? Essay

Introduction

The bill of rights contains many different rights that apply to criminals and criminal law. These are there to protect criminals from certain unfair punishments that would not fit their crime. Some examples of these types of punishments could be outstanding amount of bail or no bail allotted for someone who stole a grape. This type of punishment may seem archaic to some but this type of system existed once making it important to have a set of rules and standards in our very constitution that limits crime and punishment.

Discussion

The Fifth Amendment is made up of a familiar right and that is the right to remain silent. This right protects criminals or suspects from answering questions that may be used against them in court unfairly. It also is known as Miranda rights and these rights also protect officers from being accused of unfair questioning as they allow the suspect the right to a lawyer being present. The sixth amendment ensures there are no secret trials allotted, all accused persons have the right with this amendment to have a public trial, also they are ensured that a jury is chosen that has no personal interest in the case. The suspects also are given the right to be confronted by witnesses stopping secret testimonies and the prosecution has to make sure each suspect is aware of what they are being charged with so he/she can defend themselves properly. The Eight amendments are mostly focused on unfair punishments, fines and bail.

Conclusion

There are many rights in place to protect suspects from unusual and unfair forms of punishments. These rights are in the constitution and apply to all persons. The limits on criminal punishment serve as a protection to all accused persons that they will not be treated unfairly by a higher power citizens who do not like them, this is essential for a system that isn’t corrupt.

References

Monk, L. (2015). Crime and Punishment | Rights | Constitution USA | PBS. Crime and Punishment | Rights | Constitution USA | PBS. Retrieved 4 January 2015, from http://www.pbs.org/tpt/constitution-usa-peter-sagal/rights/crime-and-punishment/