That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall deem most likely to effect their Safety and Happiness. The Eighth Amendment to the United States Constitution also protects prisoners against cruel and unusual punishment , specifically banning excessive bail and fines. The Drug War has created Draconian prison sentences and asset forfeitures that are disproportionate to the offense. Urine testing without probable cause is an insidious example of degrading treatment that has become a familiar routine in American schools and the corporate work place. Sentencing guidelines and mandatory minimum penalty laws tie judges hands when it comes to dispensing justice.
Physical evidence is replaced with exaggerated estimates.
In a group offense, each person is liable for the whole amount instead of their actual level of involvement. Back room plea bargaining has replaced public hearings. Furthermore, under federal civil asset forfeiture law, a person's entire life savings can be seized, without a prior hearing, and without even being charged with a crime. Even if he pays the cost bond, the owner can still be deprived of the right to a jury trial through summary judgment, if the judge is not satisfied with the amount of proof he submits on paper. Since most judges have come up the ranks as hard-nosed prosecutors, they are often biased against the accused.