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Which of the following scenarios would most likely be considered a violation of the

Eighth Amendment?-
a) A minor is sentenced to the death penalty
b) A person is not provided a lawyer even though he/she cannot afford one
c) A suspect's car is searched before a warrant has been issued
d) A person is tried twice for the same crime

1 Answer

2 votes

Answer:

a

Step-by-step explanation:

What is the Eighth Amendment?

The eighth amendment states, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." In simpler terms, the Eighth Amendment protects criminals from excessive punishment by prohibiting the government from imposing such punishments. (E.g. torture, or excessive fines and bails to punish people who have broken the law.)

Determining the answer.

Based on the definition of the Eighth Amendment we can determine which answer choice likely is a violation of the Eighth Amendment.

  • a) A minor is sentenced to the death penalty : Death seems like an excessive form of punishment especially on a minor so this most likely is considered a violation of the Eighth Amendment. a is most likely the answer

  • b) A person is not provided a lawyer even though he/she cannot afford one : This answer choice shows no punishment however it is a violation of the Sixth Amendment which gives the right to a defendant a trained lawyer if she/he cannot afford one. b is not the answer

  • c) A suspect's car is searched before a warrant has been issued. : This answer choice shows no form of punishment however this is a violation of the Fourth Amendment which protects people from unreasonable searches and seizures. c is not the answer
  • d) A person is tried twice for the same crime : This answer choice shows no form of punishment however this is a violation of the Fifth Amendment which prohibits anyone from being prosecuted twice for substantially the same crime. d is not the answer

The answer is A as the situation provided violates the Eighth Amendment by excessive punishment.

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