I wouldn't mention it except you said you're worried about this for you own similar situation with similarly American serial killer hunting characters...
It's not going to be the Eighth Amendment. The Eighth has to do with not setting unreasonable bails. (Excessive fines and cruel and unusual punishment are mentioned but that has to do with legislation and post-conviction. I know that in the AB-verse people are routinely tried in absentia and sentenced to death (for superficial reasons as often as anything else) but trial in absentia isn't a thing in the real U.S. - and shouldn't be a thing in a fake U.S.)
Depending on what you're writing about, the fourth, fifth, sixth, and fourteenth amendments would all be in play (and in the AB verse, violated) in a situation like this.
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timeasmymeasure
no subject
Date: 2013-12-31 03:38 am (UTC)It's not going to be the Eighth Amendment. The Eighth has to do with not setting unreasonable bails. (Excessive fines and cruel and unusual punishment are mentioned but that has to do with legislation and post-conviction. I know that in the AB-verse people are routinely tried in absentia and sentenced to death (for superficial reasons as often as anything else) but trial in absentia isn't a thing in the real U.S. - and shouldn't be a thing in a fake U.S.)
Depending on what you're writing about, the fourth, fifth, sixth, and fourteenth amendments would all be in play (and in the AB verse, violated) in a situation like this.