Florida Department of Law Enforcement (FDLE) Practice Exam

What does the Eighth Amendment prohibit?

1. Excessive bail

2. Double jeopardy

3. Search without a warrant

4. Compulsory self-incrimination

The correct answer is: Excessive bail

The Eighth Amendment to the United States Constitution specifically prohibits excessive bail, excessive fines, and cruel and unusual punishment. The framers of the Constitution included this amendment to protect individuals from harsh treatment by the government. The focus of the Eighth Amendment is on ensuring that no one is subjected to overly burdensome financial requirements for release from custody or subjected to punishments that are disproportionate to the crime committed. The concept of excessive bail arises from the need to ensure that pretrial detention is not overly punitive and that bail serves its intended purpose of guaranteeing an individual's appearance at trial without imposing an undue financial hardship. This amendment is critical in safeguarding the rights of the accused and ensuring fairness in the judicial process. Other constitutional protections exist regarding double jeopardy, unreasonable searches, and self-incrimination, but they are addressed in different amendments; double jeopardy is covered by the Fifth Amendment, searches without a warrant are governed by the Fourth Amendment, and the right against self-incrimination also falls under the Fifth Amendment.