Rancho Palos Verdes, CA asked in Criminal Law for California

Q: What are exceptions to the 7th and 8th amendment?

Exceptions(when does the amendment not apply)

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1 Lawyer Answer
David Stephen Kestenbaum
David Stephen Kestenbaum
  • Criminal Law Lawyer
  • Van Nuys, CA
  • Licensed in California

A: Is this for a thesis? The 7rh Amendment provides the right to a Jury trial in Federal Court for civil lawsuits and I haven't seen it mentioned in a courtroom.

The 8th Amendment, on the other hand, not only limits punishment (i.e. no death penalty for incompetent defendants) to the Right to a Reasonable Bail. That is often a matter of contention where the DA counters with "public safety" arguments that you may consider an "exception"

I am sure there are some law review articles on this...

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