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____38. The Sixth Amendment to the U.S. guarantees that defendants have the right to a public and speedy trial, as well as to: a) reasonable bail. b) protection from unreasonable search and seizure c) freedom of speech d) assistance of counsel e) the right to bear arms. ____40.
The Eighth Amendment to the U.S. Constitution reads: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The Eighth Amendment to the U.S. Constitution, ratified in 1791, has three provisions.The cruel and unusual punishments clause restricts the severity of punishments that state and federal governments may impose upon persons who have been convicted of a criminal offense.ppellate courts usually defer to lower courts' decisions when a criminal penalty is challenged under the Excessive Fines and Excessive Bail Clauses of the Eighth Amendment. They give much closer scrutiny to criminal penalties that are challenged under the Cruel and Unusual Punishments Clause.