Does Trump’s Massive $454 Million Penalty Violate His 8th Amendment Rights?
As 2024 presumptive GOP nominee Donald Trump continues to face various court battles, an appeals court granted him at least a temporary reprieve from a $454 million fine. With Trump up against a deadline earlier this week to pay the penalty, the appeals court lowered the sum to a $175 million bond, giving the former president 10 days to secure the monies.
This not only at least temporarily lowered the sum but also relieved Trump from New York Attorney General Letitia James’s pledge to seize his assets should he be unwilling or unable to pay the larger penalty. If, in months to come, the appeals court does rule in the attorney general’s favor and against Trump, he could still be forced to pay the $454 million bond.
Some critics have claimed the sum is unheard of, with a number of talking heads alleging the massive bond is a violation of the 8th Amendment to the U.S. Constitution, which reads, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Bradley Jacob, a professor at Regent University School of Law, told CBN News the 8th Amendment is “primarily about criminal law in a criminal court,” which is noteworthy considering Trump’s case is civil. Jacob went on to explain some of the parameters and confines of the 8th Amendment text.
“You can’t give cruel and unusual punishments,” he said. “You can’t tar and feather someone; you can’t impale them on a stake — those kinds of things are not permitted under the Constitution.” Jacob continued, “Bail can’t be way out of proportion to the crime; if you’re going to go on trial for jaywalking, they can’t put $10,000 bail on that … those kinds of issues.”
Despite the criminal aspects of the 8th Amendment, Jacon said there have been some court cases indicating excessive fines could also apply to a fine or judgment in a civil case “if the amount of money that’s in the judgment is just way out of proportion to the offense.” This is why some might be claiming this is the case in Trump’s current battle. Watch him explain.
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