Final answer:
The question discusses the role of punishment in the justice system, with emphasis on the need for fair treatment and proportional penalties, as reflected in the Eighth Amendment. It touches on historical perspectives like the Code of Hammurabi and modern court interpretations that balance individual rights with societal needs.
Step-by-step explanation:
The concern over harsh punishments and the emphasis on a fair judicial process highlight the enlightenment thinking surrounding the development of justice systems. In this regard, the Eighth Amendment of the United States Constitution is vital as it prohibits excessive bail, excessive fines, and cruel and unusual punishment. Historically, systems like the Code of Hammurabi have encapsulated the principle that the punishment should match the severity of the crime, yet this often varied based on social class.
Contemporary legal principles ensure that bail is set appropriately and discourage the use of torture. Through various Supreme Court rulings, however, it is acknowledged that some rights may be balanced against the government's need to provide for the common good and societal purpose, allowing for the death penalty in some severe cases while still considering rehabilitation and the principle of proportionality in sentencing.