Incorporation of the 8th Amendment to the States Essay

2357 WordsMar 31, 200910 Pages
Petitioner v. State of Alabama In the 1962 case of Robinson v. California, the issue of whether to incorporate the 8th amendment to the States was first discussed. The case discussed the law made by California imprisoning those who happened to be under the influence of a controlled substance. The Warren Court decided it was cruel and unusual for a State to imprison someone for having a disease. This makes it clear that part of the 8th amendment is applicable to the states via the 14th amendment. We have a case brought to us to decide whether the excessive bail ban of the 8th Amendment should be incorporated to the states. We have, in this case, a decision whether the excessive bail portion of the 8th amendment. The petitioner recently was arrested on suspicion of selling illegal narcotics. We are hearing this case in part because the petitioner has appealed arguing that the bail of $500,000 set is in opposition to the 8th amendment’s bar against excessive fines. Moreover, the petitioner appeals that the due process clause of the 14th amendment should be applied in this case arguing against his claim of excessive bail. After reviewing this case, the court has determined the appellant’s appeal to be valid. The 8th amendment is applicable to the states via the 14th amendment. This case presents many issues regarding the interests of the state versus the interest of the Court to not abridge the life, liberty, or property without due process of law. The interests of the state have been carefully considered. The issue of health of its citizens is apparent for the state of Alabama. The state has drug laws instituted to protect the health and safety of its citizens. We are not here to discuss the balance between health and drugs, rather the issue is over excessive bail. However, the health risks narcotics pose on those who take them cannot be understated. Alabama also

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