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8th Amendment and Additional Charges

DanT
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1/30/2012 10:26:26 AM
Posted: 4 years ago
The are many laws that seems to be designed as a loop hole, around the the Amendment.
They are designed to add additional punishment to existing crimes, in an attempt to make said crimes less appealing.

One example would be Hate Crimes, added to the existing crime of assault, harassment, and murder. The crime it's self does not prevent the prejudice of the perpetrator, not does it prevent the crime; what it serves to do is add additional charges to racists committing the previously existing crime.
Another example would be driving while intoxicated; once drunk the their ability to make rational choices are lost, thus the law is useless for preventing drunk driving. The only way a cop can identify a drunk driver on the road is if he is already committing crimes, such as murder or reckless driving, which is already punishable by a year in jail and/or a fine of $500.
http://www.jrandslaw.com...

Preventive laws such as drug prohibition, make things that are harmless, but could possibly lead to an additional crime, illegal. For example, it is already illegal to be intoxicated in public(the law applies to alcohol as well), so unless you are on private property, you can be charged with public intoxication as well as possession.
If on private property the only real justification for this preventative law would be protecting the children; in which case there are already laws in place, such as child neglect, endangering the welfare of a child, and so on.

You won't find a single preventative law that does not overlap with existing laws. Overlapping laws undermines the purpose of the 8th amendment, and has become a danger to the rights, and liberty of the people.
"Chemical weapons are no different than any other types of weapons."~Lordknukle
royalpaladin
Posts: 22,357
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1/30/2012 10:48:18 AM
Posted: 4 years ago
At 1/30/2012 10:26:26 AM, DanT wrote:
The are many laws that seems to be designed as a loop hole, around the the Amendment.
They are designed to add additional punishment to existing crimes, in an attempt to make said crimes less appealing.

One example would be Hate Crimes, added to the existing crime of assault, harassment, and murder. The crime it's self does not prevent the prejudice of the perpetrator, not does it prevent the crime; what it serves to do is add additional charges to racists committing the previously existing crime.
Another example would be driving while intoxicated; once drunk the their ability to make rational choices are lost, thus the law is useless for preventing drunk driving. The only way a cop can identify a drunk driver on the road is if he is already committing crimes, such as murder or reckless driving, which is already punishable by a year in jail and/or a fine of $500.
http://www.jrandslaw.com...

Preventive laws such as drug prohibition, make things that are harmless, but could possibly lead to an additional crime, illegal. For example, it is already illegal to be intoxicated in public(the law applies to alcohol as well), so unless you are on private property, you can be charged with public intoxication as well as possession.
If on private property the only real justification for this preventative law would be protecting the children; in which case there are already laws in place, such as child neglect, endangering the welfare of a child, and so on.

You won't find a single preventative law that does not overlap with existing laws. Overlapping laws undermines the purpose of the 8th amendment, and has become a danger to the rights, and liberty of the people.

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"

"Overlapping charges" is not a punishment; instead, it involves trying a person for multiple crimes. Thus, it is not protected against by the 8th Amendment.

You can claim that this is a loophole (I know that you will), but that is nonsensical because the Eighth Amendment does not involve trial proceedings; trial proceedings are outside the scope of the Amendment. That is like saying that this is a loophole in the First Amendment in addition to being a loophole in the Eighth Amendment.
DanT
Posts: 5,693
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1/30/2012 11:03:14 AM
Posted: 4 years ago
At 1/30/2012 10:48:18 AM, royalpaladin wrote:
At 1/30/2012 10:26:26 AM, DanT wrote:
The are many laws that seems to be designed as a loop hole, around the the Amendment.
They are designed to add additional punishment to existing crimes, in an attempt to make said crimes less appealing.

One example would be Hate Crimes, added to the existing crime of assault, harassment, and murder. The crime it's self does not prevent the prejudice of the perpetrator, not does it prevent the crime; what it serves to do is add additional charges to racists committing the previously existing crime.
Another example would be driving while intoxicated; once drunk the their ability to make rational choices are lost, thus the law is useless for preventing drunk driving. The only way a cop can identify a drunk driver on the road is if he is already committing crimes, such as murder or reckless driving, which is already punishable by a year in jail and/or a fine of $500.
http://www.jrandslaw.com...

Preventive laws such as drug prohibition, make things that are harmless, but could possibly lead to an additional crime, illegal. For example, it is already illegal to be intoxicated in public(the law applies to alcohol as well), so unless you are on private property, you can be charged with public intoxication as well as possession.
If on private property the only real justification for this preventative law would be protecting the children; in which case there are already laws in place, such as child neglect, endangering the welfare of a child, and so on.

You won't find a single preventative law that does not overlap with existing laws. Overlapping laws undermines the purpose of the 8th amendment, and has become a danger to the rights, and liberty of the people.

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"

"Overlapping charges" is not a punishment; instead, it involves trying a person for multiple crimes. Thus, it is not protected against by the 8th Amendment.


Again, it serves to undermine the purpose of the 8th amendment.

You can claim that this is a loophole (I know that you will), but that is nonsensical because the Eighth Amendment does not involve trial proceedings; trial proceedings are outside the scope of the Amendment. That is like saying that this is a loophole in the First Amendment in addition to being a loophole in the Eighth Amendment.

(n) loophole (an ambiguity (especially one in the text of a law or contract) that makes it possible to evade a difficulty or obligation)
http://wordnetweb.princeton.edu...

Loopholes in business contracts don't involve trial proceedings either.
"Chemical weapons are no different than any other types of weapons."~Lordknukle
DanT
Posts: 5,693
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1/30/2012 11:06:43 AM
Posted: 4 years ago
At 1/30/2012 10:48:18 AM, royalpaladin wrote:
At 1/30/2012 10:26:26 AM, DanT wrote:
The are many laws that seems to be designed as a loop hole, around the the Amendment.
They are designed to add additional punishment to existing crimes, in an attempt to make said crimes less appealing.

One example would be Hate Crimes, added to the existing crime of assault, harassment, and murder. The crime it's self does not prevent the prejudice of the perpetrator, not does it prevent the crime; what it serves to do is add additional charges to racists committing the previously existing crime.
Another example would be driving while intoxicated; once drunk the their ability to make rational choices are lost, thus the law is useless for preventing drunk driving. The only way a cop can identify a drunk driver on the road is if he is already committing crimes, such as murder or reckless driving, which is already punishable by a year in jail and/or a fine of $500.
http://www.jrandslaw.com...

Preventive laws such as drug prohibition, make things that are harmless, but could possibly lead to an additional crime, illegal. For example, it is already illegal to be intoxicated in public(the law applies to alcohol as well), so unless you are on private property, you can be charged with public intoxication as well as possession.
If on private property the only real justification for this preventative law would be protecting the children; in which case there are already laws in place, such as child neglect, endangering the welfare of a child, and so on.

You won't find a single preventative law that does not overlap with existing laws. Overlapping laws undermines the purpose of the 8th amendment, and has become a danger to the rights, and liberty of the people.

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"

"Overlapping charges" is not a punishment; instead, it involves trying a person for multiple crimes. Thus, it is not protected against by the 8th Amendment.

You can claim that this is a loophole (I know that you will), but that is nonsensical because the Eighth Amendment does not involve trial proceedings; trial proceedings are outside the scope of the Amendment. That is like saying that this is a loophole in the First Amendment in addition to being a loophole in the Eighth Amendment.

Person A can only be serve X amount of Years for Crime Y, by adding crime Z to the list of charges, in relations to crime Y, Person A now may serve X^2 amount of Years, due to additional charges.
"Chemical weapons are no different than any other types of weapons."~Lordknukle
DanT
Posts: 5,693
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1/30/2012 11:07:58 AM
Posted: 4 years ago
At 1/30/2012 11:06:43 AM, DanT wrote:
At 1/30/2012 10:48:18 AM, royalpaladin wrote:
At 1/30/2012 10:26:26 AM, DanT wrote:
The are many laws that seems to be designed as a loop hole, around the the Amendment.
They are designed to add additional punishment to existing crimes, in an attempt to make said crimes less appealing.

One example would be Hate Crimes, added to the existing crime of assault, harassment, and murder. The crime it's self does not prevent the prejudice of the perpetrator, not does it prevent the crime; what it serves to do is add additional charges to racists committing the previously existing crime.
Another example would be driving while intoxicated; once drunk the their ability to make rational choices are lost, thus the law is useless for preventing drunk driving. The only way a cop can identify a drunk driver on the road is if he is already committing crimes, such as murder or reckless driving, which is already punishable by a year in jail and/or a fine of $500.
http://www.jrandslaw.com...

Preventive laws such as drug prohibition, make things that are harmless, but could possibly lead to an additional crime, illegal. For example, it is already illegal to be intoxicated in public(the law applies to alcohol as well), so unless you are on private property, you can be charged with public intoxication as well as possession.
If on private property the only real justification for this preventative law would be protecting the children; in which case there are already laws in place, such as child neglect, endangering the welfare of a child, and so on.

You won't find a single preventative law that does not overlap with existing laws. Overlapping laws undermines the purpose of the 8th amendment, and has become a danger to the rights, and liberty of the people.

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"

"Overlapping charges" is not a punishment; instead, it involves trying a person for multiple crimes. Thus, it is not protected against by the 8th Amendment.

You can claim that this is a loophole (I know that you will), but that is nonsensical because the Eighth Amendment does not involve trial proceedings; trial proceedings are outside the scope of the Amendment. That is like saying that this is a loophole in the First Amendment in addition to being a loophole in the Eighth Amendment.

Person A can only be serve X amount of Years for Crime Y, by adding crime Z to the list of charges, in relations to crime Y, Person A now may serve X2 amount of Years, due to additional charges.

meant X2 not X^2
"Chemical weapons are no different than any other types of weapons."~Lordknukle
royalpaladin
Posts: 22,357
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1/30/2012 11:13:16 AM
Posted: 4 years ago
At 1/30/2012 11:07:58 AM, DanT wrote:
At 1/30/2012 11:06:43 AM, DanT wrote:
At 1/30/2012 10:48:18 AM, royalpaladin wrote:
At 1/30/2012 10:26:26 AM, DanT wrote:
The are many laws that seems to be designed as a loop hole, around the the Amendment.
They are designed to add additional punishment to existing crimes, in an attempt to make said crimes less appealing.

One example would be Hate Crimes, added to the existing crime of assault, harassment, and murder. The crime it's self does not prevent the prejudice of the perpetrator, not does it prevent the crime; what it serves to do is add additional charges to racists committing the previously existing crime.
Another example would be driving while intoxicated; once drunk the their ability to make rational choices are lost, thus the law is useless for preventing drunk driving. The only way a cop can identify a drunk driver on the road is if he is already committing crimes, such as murder or reckless driving, which is already punishable by a year in jail and/or a fine of $500.
http://www.jrandslaw.com...

Preventive laws such as drug prohibition, make things that are harmless, but could possibly lead to an additional crime, illegal. For example, it is already illegal to be intoxicated in public(the law applies to alcohol as well), so unless you are on private property, you can be charged with public intoxication as well as possession.
If on private property the only real justification for this preventative law would be protecting the children; in which case there are already laws in place, such as child neglect, endangering the welfare of a child, and so on.

You won't find a single preventative law that does not overlap with existing laws. Overlapping laws undermines the purpose of the 8th amendment, and has become a danger to the rights, and liberty of the people.

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"

"Overlapping charges" is not a punishment; instead, it involves trying a person for multiple crimes. Thus, it is not protected against by the 8th Amendment.

You can claim that this is a loophole (I know that you will), but that is nonsensical because the Eighth Amendment does not involve trial proceedings; trial proceedings are outside the scope of the Amendment. That is like saying that this is a loophole in the First Amendment in addition to being a loophole in the Eighth Amendment.

Person A can only be serve X amount of Years for Crime Y, by adding crime Z to the list of charges, in relations to crime Y, Person A now may serve X2 amount of Years, due to additional charges.

meant X2 not X^2

Again, this is a lie.

http://www.criminal-law-lawyer-source.com...
royalpaladin
Posts: 22,357
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1/30/2012 11:14:09 AM
Posted: 4 years ago
At 1/30/2012 11:03:14 AM, DanT wrote:
At 1/30/2012 10:48:18 AM, royalpaladin wrote:
At 1/30/2012 10:26:26 AM, DanT wrote:
The are many laws that seems to be designed as a loop hole, around the the Amendment.
They are designed to add additional punishment to existing crimes, in an attempt to make said crimes less appealing.

One example would be Hate Crimes, added to the existing crime of assault, harassment, and murder. The crime it's self does not prevent the prejudice of the perpetrator, not does it prevent the crime; what it serves to do is add additional charges to racists committing the previously existing crime.
Another example would be driving while intoxicated; once drunk the their ability to make rational choices are lost, thus the law is useless for preventing drunk driving. The only way a cop can identify a drunk driver on the road is if he is already committing crimes, such as murder or reckless driving, which is already punishable by a year in jail and/or a fine of $500.
http://www.jrandslaw.com...

Preventive laws such as drug prohibition, make things that are harmless, but could possibly lead to an additional crime, illegal. For example, it is already illegal to be intoxicated in public(the law applies to alcohol as well), so unless you are on private property, you can be charged with public intoxication as well as possession.
If on private property the only real justification for this preventative law would be protecting the children; in which case there are already laws in place, such as child neglect, endangering the welfare of a child, and so on.

You won't find a single preventative law that does not overlap with existing laws. Overlapping laws undermines the purpose of the 8th amendment, and has become a danger to the rights, and liberty of the people.

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"

"Overlapping charges" is not a punishment; instead, it involves trying a person for multiple crimes. Thus, it is not protected against by the 8th Amendment.


Again, it serves to undermine the purpose of the 8th amendment.

The purpose was not to prevent someone from being charged with multiple crimes at once; it was to protect individuals from cruel and unusual punishments.
You can claim that this is a loophole (I know that you will), but that is nonsensical because the Eighth Amendment does not involve trial proceedings; trial proceedings are outside the scope of the Amendment. That is like saying that this is a loophole in the First Amendment in addition to being a loophole in the Eighth Amendment.

(n) loophole (an ambiguity (especially one in the text of a law or contract) that makes it possible to evade a difficulty or obligation)
http://wordnetweb.princeton.edu...

Loopholes in business contracts don't involve trial proceedings either.
DanT
Posts: 5,693
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1/30/2012 11:26:59 AM
Posted: 4 years ago
At 1/30/2012 11:14:09 AM, royalpaladin wrote:
At 1/30/2012 11:03:14 AM, DanT wrote:
At 1/30/2012 10:48:18 AM, royalpaladin wrote:
At 1/30/2012 10:26:26 AM, DanT wrote:
The are many laws that seems to be designed as a loop hole, around the the Amendment.
They are designed to add additional punishment to existing crimes, in an attempt to make said crimes less appealing.

One example would be Hate Crimes, added to the existing crime of assault, harassment, and murder. The crime it's self does not prevent the prejudice of the perpetrator, not does it prevent the crime; what it serves to do is add additional charges to racists committing the previously existing crime.
Another example would be driving while intoxicated; once drunk the their ability to make rational choices are lost, thus the law is useless for preventing drunk driving. The only way a cop can identify a drunk driver on the road is if he is already committing crimes, such as murder or reckless driving, which is already punishable by a year in jail and/or a fine of $500.
http://www.jrandslaw.com...

Preventive laws such as drug prohibition, make things that are harmless, but could possibly lead to an additional crime, illegal. For example, it is already illegal to be intoxicated in public(the law applies to alcohol as well), so unless you are on private property, you can be charged with public intoxication as well as possession.
If on private property the only real justification for this preventative law would be protecting the children; in which case there are already laws in place, such as child neglect, endangering the welfare of a child, and so on.

You won't find a single preventative law that does not overlap with existing laws. Overlapping laws undermines the purpose of the 8th amendment, and has become a danger to the rights, and liberty of the people.

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"

"Overlapping charges" is not a punishment; instead, it involves trying a person for multiple crimes. Thus, it is not protected against by the 8th Amendment.


Again, it serves to undermine the purpose of the 8th amendment.

The purpose was not to prevent someone from being charged with multiple crimes at once; it was to protect individuals from cruel and unusual punishments.

Are you really that slow, or is this an act?

The 8th Amendment protects against excessive punishments.

If Rape = 10 years in prison, congress can pass a law, so that rape resulting in pregnancy may result in an additional 10 years.

The 10 year rape sentence now doubles.
"Chemical weapons are no different than any other types of weapons."~Lordknukle
DanT
Posts: 5,693
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1/30/2012 11:35:27 AM
Posted: 4 years ago
At 1/30/2012 11:13:16 AM, royalpaladin wrote:
At 1/30/2012 11:07:58 AM, DanT wrote:
At 1/30/2012 11:06:43 AM, DanT wrote:
At 1/30/2012 10:48:18 AM, royalpaladin wrote:
At 1/30/2012 10:26:26 AM, DanT wrote:
The are many laws that seems to be designed as a loop hole, around the the Amendment.
They are designed to add additional punishment to existing crimes, in an attempt to make said crimes less appealing.

One example would be Hate Crimes, added to the existing crime of assault, harassment, and murder. The crime it's self does not prevent the prejudice of the perpetrator, not does it prevent the crime; what it serves to do is add additional charges to racists committing the previously existing crime.
Another example would be driving while intoxicated; once drunk the their ability to make rational choices are lost, thus the law is useless for preventing drunk driving. The only way a cop can identify a drunk driver on the road is if he is already committing crimes, such as murder or reckless driving, which is already punishable by a year in jail and/or a fine of $500.
http://www.jrandslaw.com...

Preventive laws such as drug prohibition, make things that are harmless, but could possibly lead to an additional crime, illegal. For example, it is already illegal to be intoxicated in public(the law applies to alcohol as well), so unless you are on private property, you can be charged with public intoxication as well as possession.
If on private property the only real justification for this preventative law would be protecting the children; in which case there are already laws in place, such as child neglect, endangering the welfare of a child, and so on.

You won't find a single preventative law that does not overlap with existing laws. Overlapping laws undermines the purpose of the 8th amendment, and has become a danger to the rights, and liberty of the people.

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"

"Overlapping charges" is not a punishment; instead, it involves trying a person for multiple crimes. Thus, it is not protected against by the 8th Amendment.

You can claim that this is a loophole (I know that you will), but that is nonsensical because the Eighth Amendment does not involve trial proceedings; trial proceedings are outside the scope of the Amendment. That is like saying that this is a loophole in the First Amendment in addition to being a loophole in the Eighth Amendment.

Person A can only be serve X amount of Years for Crime Y, by adding crime Z to the list of charges, in relations to crime Y, Person A now may serve X2 amount of Years, due to additional charges.

meant X2 not X^2

Again, this is a lie.

http://www.criminal-law-lawyer-source.com...

>.< Nice argument (sarcasm)
"Chemical weapons are no different than any other types of weapons."~Lordknukle
royalpaladin
Posts: 22,357
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1/30/2012 11:37:24 AM
Posted: 4 years ago
At 1/30/2012 11:35:27 AM, DanT wrote:
At 1/30/2012 11:13:16 AM, royalpaladin wrote:
At 1/30/2012 11:07:58 AM, DanT wrote:
At 1/30/2012 11:06:43 AM, DanT wrote:
At 1/30/2012 10:48:18 AM, royalpaladin wrote:
At 1/30/2012 10:26:26 AM, DanT wrote:
The are many laws that seems to be designed as a loop hole, around the the Amendment.
They are designed to add additional punishment to existing crimes, in an attempt to make said crimes less appealing.

One example would be Hate Crimes, added to the existing crime of assault, harassment, and murder. The crime it's self does not prevent the prejudice of the perpetrator, not does it prevent the crime; what it serves to do is add additional charges to racists committing the previously existing crime.
Another example would be driving while intoxicated; once drunk the their ability to make rational choices are lost, thus the law is useless for preventing drunk driving. The only way a cop can identify a drunk driver on the road is if he is already committing crimes, such as murder or reckless driving, which is already punishable by a year in jail and/or a fine of $500.
http://www.jrandslaw.com...

Preventive laws such as drug prohibition, make things that are harmless, but could possibly lead to an additional crime, illegal. For example, it is already illegal to be intoxicated in public(the law applies to alcohol as well), so unless you are on private property, you can be charged with public intoxication as well as possession.
If on private property the only real justification for this preventative law would be protecting the children; in which case there are already laws in place, such as child neglect, endangering the welfare of a child, and so on.

You won't find a single preventative law that does not overlap with existing laws. Overlapping laws undermines the purpose of the 8th amendment, and has become a danger to the rights, and liberty of the people.

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"

"Overlapping charges" is not a punishment; instead, it involves trying a person for multiple crimes. Thus, it is not protected against by the 8th Amendment.

You can claim that this is a loophole (I know that you will), but that is nonsensical because the Eighth Amendment does not involve trial proceedings; trial proceedings are outside the scope of the Amendment. That is like saying that this is a loophole in the First Amendment in addition to being a loophole in the Eighth Amendment.

Person A can only be serve X amount of Years for Crime Y, by adding crime Z to the list of charges, in relations to crime Y, Person A now may serve X2 amount of Years, due to additional charges.

meant X2 not X^2

Again, this is a lie.

http://www.criminal-law-lawyer-source.com...

>.< Nice argument (sarcasm)

You obviously did not read the link . . . Apparently you have never heard of concurrent sentencing, but I am not surprised because you seem a bit slow and uninformed.
royalpaladin
Posts: 22,357
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1/30/2012 11:37:52 AM
Posted: 4 years ago
At 1/30/2012 11:26:59 AM, DanT wrote:
At 1/30/2012 11:14:09 AM, royalpaladin wrote:
At 1/30/2012 11:03:14 AM, DanT wrote:
At 1/30/2012 10:48:18 AM, royalpaladin wrote:
At 1/30/2012 10:26:26 AM, DanT wrote:
The are many laws that seems to be designed as a loop hole, around the the Amendment.
They are designed to add additional punishment to existing crimes, in an attempt to make said crimes less appealing.

One example would be Hate Crimes, added to the existing crime of assault, harassment, and murder. The crime it's self does not prevent the prejudice of the perpetrator, not does it prevent the crime; what it serves to do is add additional charges to racists committing the previously existing crime.
Another example would be driving while intoxicated; once drunk the their ability to make rational choices are lost, thus the law is useless for preventing drunk driving. The only way a cop can identify a drunk driver on the road is if he is already committing crimes, such as murder or reckless driving, which is already punishable by a year in jail and/or a fine of $500.
http://www.jrandslaw.com...

Preventive laws such as drug prohibition, make things that are harmless, but could possibly lead to an additional crime, illegal. For example, it is already illegal to be intoxicated in public(the law applies to alcohol as well), so unless you are on private property, you can be charged with public intoxication as well as possession.
If on private property the only real justification for this preventative law would be protecting the children; in which case there are already laws in place, such as child neglect, endangering the welfare of a child, and so on.

You won't find a single preventative law that does not overlap with existing laws. Overlapping laws undermines the purpose of the 8th amendment, and has become a danger to the rights, and liberty of the people.

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"

"Overlapping charges" is not a punishment; instead, it involves trying a person for multiple crimes. Thus, it is not protected against by the 8th Amendment.


Again, it serves to undermine the purpose of the 8th amendment.

The purpose was not to prevent someone from being charged with multiple crimes at once; it was to protect individuals from cruel and unusual punishments.

Are you really that slow, or is this an act?

The 8th Amendment protects against excessive punishments.

If Rape = 10 years in prison, congress can pass a law, so that rape resulting in pregnancy may result in an additional 10 years.

The 10 year rape sentence now doubles.

Concurrent sentencing, you idiot.
DanT
Posts: 5,693
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1/30/2012 11:41:31 AM
Posted: 4 years ago
At 1/30/2012 11:37:52 AM, royalpaladin wrote:
At 1/30/2012 11:26:59 AM, DanT wrote:
At 1/30/2012 11:14:09 AM, royalpaladin wrote:
At 1/30/2012 11:03:14 AM, DanT wrote:
At 1/30/2012 10:48:18 AM, royalpaladin wrote:
At 1/30/2012 10:26:26 AM, DanT wrote:
The are many laws that seems to be designed as a loop hole, around the the Amendment.
They are designed to add additional punishment to existing crimes, in an attempt to make said crimes less appealing.

One example would be Hate Crimes, added to the existing crime of assault, harassment, and murder. The crime it's self does not prevent the prejudice of the perpetrator, not does it prevent the crime; what it serves to do is add additional charges to racists committing the previously existing crime.
Another example would be driving while intoxicated; once drunk the their ability to make rational choices are lost, thus the law is useless for preventing drunk driving. The only way a cop can identify a drunk driver on the road is if he is already committing crimes, such as murder or reckless driving, which is already punishable by a year in jail and/or a fine of $500.
http://www.jrandslaw.com...

Preventive laws such as drug prohibition, make things that are harmless, but could possibly lead to an additional crime, illegal. For example, it is already illegal to be intoxicated in public(the law applies to alcohol as well), so unless you are on private property, you can be charged with public intoxication as well as possession.
If on private property the only real justification for this preventative law would be protecting the children; in which case there are already laws in place, such as child neglect, endangering the welfare of a child, and so on.

You won't find a single preventative law that does not overlap with existing laws. Overlapping laws undermines the purpose of the 8th amendment, and has become a danger to the rights, and liberty of the people.

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"

"Overlapping charges" is not a punishment; instead, it involves trying a person for multiple crimes. Thus, it is not protected against by the 8th Amendment.


Again, it serves to undermine the purpose of the 8th amendment.

The purpose was not to prevent someone from being charged with multiple crimes at once; it was to protect individuals from cruel and unusual punishments.

Are you really that slow, or is this an act?

The 8th Amendment protects against excessive punishments.

If Rape = 10 years in prison, congress can pass a law, so that rape resulting in pregnancy may result in an additional 10 years.

The 10 year rape sentence now doubles.

Concurrent sentencing, you idiot.

How many legs does a dog have if you call the tail a leg? Four. Calling a tail a leg doesn't make it a leg.
"Chemical weapons are no different than any other types of weapons."~Lordknukle