Question

Which provisions are part of the Eighth Amendment? Check all that apply.

Reasonable bail must be set.
A speedy trial is required.
Counsel is required.
Cruel and unusual punishment is forbidden.
Witnesses can be forced to appear.

Answer 1

Applicable:
- Reasonable bail must be set. (Eighth Amendment forbids excessive bail.)
- Cruel and unusual punishment is forbidden. (Explicitly in the Eighth Amendment.)

Not part of the Eighth Amendment:
- A speedy trial is required. (Right to a speedy trial is in the Sixth Amendment.)
- Counsel is required. (Right to counsel is in the Sixth Amendment.)
- Witnesses can be forced to appear. (Compulsory process for witnesses is in the Sixth Amendment.)