Eighth Amendment to the United States Constitution

Cruel snippet red

Bill of Rights Pg1of1 AC

== Eighth Amendment to the United States Constitution ==

The Eighth Amendment to the United States Constitution is a part of the Bill of Rights (the first ten amendments to the United States Constitution). It was ratified on December 15, 1791. The Eighth Amendment prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.

Text

The text of the Eighth Amendment reads: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

Historical Background

The Eighth Amendment was influenced by the English Bill of Rights 1689, which similarly prohibited excessive bail and cruel and unusual punishment. The framers of the United States Constitution included this amendment to ensure that the federal government would not have the power to impose harsh penalties on individuals.

Interpretation and Application

The interpretation of what constitutes "cruel and unusual punishment" has evolved over time. The United States Supreme Court has played a significant role in defining the scope of the Eighth Amendment through various landmark cases.

Excessive Bail

The clause on excessive bail ensures that bail is not set at a level that is unreasonably high, thus preventing the pre-trial detention of individuals solely because they cannot afford to pay bail.

Excessive Fines

The prohibition of excessive fines is intended to limit the government's ability to impose financial penalties that are disproportionate to the offense committed.

Cruel and Unusual Punishments

The "cruel and unusual punishments" clause has been the subject of extensive judicial interpretation. The Supreme Court has ruled that punishments that are grossly disproportionate to the crime, or that involve torture or barbaric methods, are unconstitutional.

Landmark Supreme Court Cases

Several key Supreme Court cases have shaped the understanding of the Eighth Amendment:

• Furman v. Georgia (1972) - The Court ruled that the death penalty, as administered, constituted cruel and unusual punishment.
• Gregg v. Georgia (1976) - The Court upheld the constitutionality of the death penalty under certain guidelines.
• Roper v. Simmons (2005) - The Court ruled that it is unconstitutional to impose the death penalty for crimes committed by individuals under the age of 18.
• Graham v. Florida (2010) - The Court held that sentencing juveniles to life imprisonment without parole for non-homicide offenses violates the Eighth Amendment.

Related Pages

• Bill of Rights
• United States Constitution
• Supreme Court of the United States
• Death penalty in the United States
• Furman v. Georgia
• Gregg v. Georgia
• Roper v. Simmons
• Graham v. Florida