THE SEV

ENTH AND

EIGHTH AMENDMENT

E R I C F

R E N C H J OH N C

A S S I DY A

U S T I N L

I GH T

THE SEVENTH AMENDMENT• Cases that involve less than $20

($75,000 Today) will not be handled in the federal courts.

• This amendment guarantees a jury for Civil Cases in Federal Courts

• It prohibits people from setting up their own court system. All cases are held in courts recognized by the government

THE EIGHTH AMENDMENT• Bans unusual punishment• Bans excessive bail• Bans excessive fines

HISTORY OF THE SEVENTH AMENDMENT• Hugh Williamson- proposed it• Bill of Rights• James Madison • Went into effect with the

Constitution

THE EIGHTH AMENDMENT• Nearly identical to the provision in

English Bill of Rights• Titus Oates • Whipped while being tied to a

moving cart• Probably had intolerable acts in

mind

CASES IN WHICH SEVENTH AMENDMENT WAS USED• United States v. Wonson• Chief Justice Joseph Story• “The Historical Test”• Used to analyze if a jury needs to

be present• Anytime there is a civil suit, this

amendment is being used

COLGROVE V. BATTINA local district in Montana provided a six person jury.

Colgrove was given a six person jury and he demanded a twelve person jury. He said the six person jury violated the 7th Amendment.

Issue: Did the 7th Amendment guarantee the size of the jury?No, the 7th Amendment does not guarantee the size of the jury.

CASES IN WHICH THE EIGHTH AMENDMENT WAS USED• Wilkerson v. Utah • Established cruel and unusual

punishment no matter what the crime

• Drawing or quartering• Public dissections• Burned alive• Disembowelment

STACK V. BOYLE• Stack v Boyle was a case involving members

of the communist party who were charged with conspiring to violate the smith act. The district had set bail fixed amount of $50,000 for each petitioners.

• The defendant moved to reduce the bail stating that the price for bail is to excessive and unconstitutional

• The Supreme Court agreed and said it was excessive

CONNECTION BETWEEN THE TWO• They both fall under the rights of

the accused• Both of them have to do with court

trials & rulings• If seventh is not followed, the judge

could decide anything, which in turn could violate the eighth amendment if they were unfair

THE END