Tomorrow is Constitution Day, which commemorates the signing of the U.S. Constitution on September 17, 1787. What does the Constitution have to do with criminal law?
Not everyone is familiar with the specific rights guaranteed by the Constitution's Bill of Rights. Fortunately, if you are arrested or accused of a crime, you're entitled to these rights, whether you know them or not. That being said, knowing your rights will help you determine when they are being violated.
The Eighth Amendment. The Eighth Amendment prohibits the government from exacting cruel and unusual punishments. This means that although persons convicted of crimes may forfeit certain rights for the duration of their sentence, they must still be provided a basic level of fundamental rights, even while in prison. The Eighth Amendment may also outlaw certain forms of punishment. In 2010, for example, the U.S. Supreme Court ruled that sentencing juveniles to life in prison without the possibility of parole for non-homicide crimes violated the Eighth Amendment.
If you are facing criminal charges, an experienced criminal defense attorney can represent you in court and ensure that your constitutional rights are being respected.