Do You Know Your Rights If Arrested?
This is a article that was written in the Canton Repository that featured Anthony Sylvester owner of Sly Bail Bonds.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
U.S. Supreme Court and the Eighth Amendment
Some U.S. Supreme Court cases related to the Eighth Amendment:
• Louisiana v. Resweber (1947); Willie Francis, a 16-year-old, was convicted of murder and sentenced to die in the electric chair. On his execution day, the electric chair malfunctioned during his execution and Francis did not die. While waiting for a second date, he appealed, claiming that a second attempt at electrocution would be cruel and unusual punishment. The Court disagreed. He was executed.
• Trop V. Dulles (1958); Albert Trop, a private in the U.S. Army, escaped from a stockade, where he had been placed for discipline in 1944. He ultimately surrendered and was convicted of desertion, then dishonorably discharged. In 1952, he applied for a passport, because his dishonorable discharge also stripped him of his citizenship. The Court ruled that such denationalization of deserters of this sort was cruel and unusual punishment — barred by the Eighth Amendment.
• Powell v. Texas (1968); Leroy Powell, who had a long history of being arrested for public intoxication, decided to fight the charge after a 1966 arrest. His lawyers claimed he could not be arrested for being an alcoholic. The Court ruled against Powell, stating that Texas law criminalized only his behavior and actions while drunk, not for his alcoholism.
• Furman v. Georgia (1972); William Henry Furman was caught by a resident while burglarizing a home. He said he tripped and fell, while trying to run away. His gun fired, striking and killing a resident. He was convicted of murder and sentenced to die. The Court overturned Furman’s execution. The Court noted that states needed a uniform policy of who is eligible for capital punishment. Because of the verdict, a four-year-long de facto moratorium on death penalties went into effect.
• Gregg v. Georgia (1976); This was one of five cases heard by the Court, sometimes referred to as the “July 2 cases.” Troy Gregg was convicted in one trial and sentenced to death in another for killing two men in a 1973 robbery. Gregg appealed to the Court, claiming it was cruel and unusual punishment. The Court ruled against Gregg, stating that careful and judicious use of the death penalty in extreme criminal cases is constitutional. Gregg escaped from prison the night before he was to die in the electric chair. Ironically, he was killed in a bar fight in North Carolina.
• Atkins v. Virginia (2002); Daryl Atkins, who was mildly mentally retarded, was sentenced to death for abduction, armed robbery and murder. In a 6 to 3 decision, the Court found that executing a mentally retarded man was cruel and unusual punishment, due to his lessened state of culpability.
• Roper v. Simmons (2005); A then-17-year-old Christopher Simmons was sentenced to death in Missouri in 1993. On appeal, the Court found that evolving standards of decency had now made execution of minors unconstitutional — overturning a 1989 court decision of Stanford v. Kentucky.
Source: Repository research
Some common bail bonds in Ohio:
1. Recognizance — Defendant signs his or her name, promising to return for future court dates; no money is required
2. Appearance 10 percent — Defendant must pay the court
10 percent of the total bond. If he or she appears at all future court hearings, then 90 percent of the 10 percent is returned — minus fines and court costs..
3. Cash — The entire bond must be posted. It is returned if defendant appears at all court hearings.
4. Surety — Typically, these are issued through abail bond company. Defendant pays 10 percent of the total bond amount to the company as a fee. The bonding company then guarantees the other 90 percent to the court, and pays if the defendant fails to appear for future court hearings.
Source: Repository research
The Bill of Rights: About this series
Shootings on Dec. 14, 2012, at Sandy Hook Elementary School have propelled lawmakers and the public into contentious debate about gun control and gun rights.
Central in the ongoing issue is the Second Amendment of the U.S. Constitution. The U.S. Supreme Court has ruled the amendment does protect an individual’s right to bear arms, though the Court has not defined any limitations.
The first 10 amendments of the Constitution, called the Bill of Rights, were written by James Madison and ratified on Dec. 15, 1791. Each week, The Repository examines how each of the 10 affects our present-day lives in Stark County.
Read more: About the 8th amendment and Tony Sylvester of Sly Bail Bonds.