I-9. Bail; fines; imprisonment; cruel and unusual punishment.

All persons shall be bailable by sufficient sureties, except for treason, sexual offenses involving penetration by force or against the will of the victim, and murder, where the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

Source:Neb. Const. art. I, sec. 9 (1875); Amended 1978, Laws 1978, LB 553, sec. 1. Note: In Hunt v. Roth, 648 F.2d 1148 (8th Cir. 1981), the court held that the portion of this section denying bail to persons charged with certain sexual offenses is an unconstitutional violation of the Eighth Amendment to the Constitution of the United States. But the order in Hunt v. Roth was vacated and remanded in Murphy v. Hunt, 455 U.S. 478, 102 S. Ct. 1181, 71 L. Ed. 2d 353 (1982) for mootness.