in England had been delayed for years and then were held in secret. Accused individuals
must be informed of the charges against them and must be allowed to meet the witnesses
against them face to face. Otherwise, innocent persons may be punished if a court allows
the testimony of unknown witnesses to be used as evidence. This amendment guarantees
that individuals on trial can face and cross-examine those who have accused them. Finally,
accused persons must have a lawyer to defend them if they want one. If a criminal defendant is
unable to afford a lawyer, the Supreme Court has held that one must be appointed to represent
the accused individual.
The Bill of Rights
Amendment 7
RIGHTS IN CIVIL CASES
In Suits at common law, where the value in
controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no
fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than
according to the rules of the common law.
COMMENTARY:
The Sixth Amendment provides for jury trials in criminal cases. The Seventh Amendment
provides for such trials in civil suits where the amount contested exceeds $20. The amendment
applies only to federal courts. But most state constitutions also call for jury trials in civil as well
as criminal cases.
The Bill of Rights
Amendment 8
BAILS, FINES, AND PUNISHMENTS
Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
COMMENTARY:
Bails, fines, and punishment must be fair and humane. In the case of Furman v. Georgia,
the Supreme Court ruled in 1972 that capital punishment, as it was then imposed, violated this
amendment. The court held that the death penalty was cruel and unusual punishment because
it was not applied fairly and uniformly. After that decision, many states adopted new capital
punishment laws designed to meet the Supreme Court’s objections. The court has ruled that
the death penalty may be imposed in capital cases if certain standards are applied to guard
against arbitrary and capricious application of the penalty.