Supreme Court has generally viewed pretrial release of criminal defendants to be a regulatory, rather than a penal, matter, noting that the government may have legitimate and, in some cases, compelling interests in limiting pretrial release for certain types of defendants.
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Because the officers had had notice that their actions were unlawful, qualified immunity did not apply.Youth Sports
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However, it has used the Eighth Amendment to take steps against unfair sentencing procedures in capital punishment cases and to outlaw most forms of execution that involve torture or lingering death. It violates the Eighth Amendment because it is a cruel and unusual form of punishment while also violating the due process clause in the Fifth and Fourteenth amendments.