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What are my rights under the Eighth Amendment to the United States Constitution if I am confined in jail or prison?

The Eighth Amendment states:
“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
The Eighth Amendment's prohibition of cruel and unusual punishment guarantees individuals the right not to be subjected to excessive sanctions. In Stack v Boyle, 342 U.S. 1 (1951), the court stated in part that federal law has unequivocally provided that a person arrested for a non-capital offense shall be admitted to bail. This traditional right to freedom before conviction permits the unhampered preparation of a defense and serves to prevent the infliction of punishment prior to conviction. See Stack v Boyle, 342 U.S. 1, citing See Hudson v Parker, 156 US 277 (1895).  The Court further states that “[u]nless this right to bail before trial is preserved, the presumption of innocence, secured only after centuries of struggle, would lose its meaning.”

If you or a loved one are being abused by correction officers, forced to engage in prisoner fights, or denied medication or medical care call Bronx, New York police brutality lawyer, Bryan J. Hutchinson, to protect your 8th Amendment constitutional rights and get the compensation you deserve. Time is of the essence! The law limits the time you must file your Notice of Claim. Call now at (718) 671-0900.


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At the Law Office Bryan Hutchinson, PLLC, we focus on personal injury, divorce, and probate and estate administration. We are dedicated advocates, committed to protecting your rights with vigor and understanding. Our approach combines zealous advocacy with a deep concern for your unique situation, ensuring that your case is handled with both determination and care."

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