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8th Amendments was bail incorporated into in order to prohibit excessive bail act mandated that no defendants shall be kept in pretrial detention simply because they cannot afford the monetary bail.

When was the 8th Amendment incorporated to the states?

Justices Scalia and Thomas contend that the following four questions should be addressed: (1) The relevant criterion for deciding whether a punishment is cruel and unusual is the level of severity that prevailed in 1791, the year the Eighth Amendment was adopted.

The Eighth Amendment forbids "cruel and unusual punishments," which are most frequently associated with the death sentence, although it also cites "excessive fines" and bail. The 8th Amendment has an impact on sentencing since it limits how criminal defendants are punished.

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