Eighth Amendment to the United States Constitution
Overview
The Eighth Amendment to the United States Constitution is a part of the United States Bill of Rights that prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted, along with the rest of the Bill of Rights, on December 15, 1791.
Text
The text of the Eighth Amendment is very brief, and it reads as follows: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
Interpretation and Application
The Eighth Amendment is applied to the states through the Fourteenth Amendment's Due Process Clause. The Supreme Court has stated that the amendment's Cruel and Unusual Punishment Clause also applies to the states. The Court has held that the amendment's Excessive Fines Clause applies to the states as well.
The Supreme Court has ruled that not all punishments are prohibited under the Eighth Amendment, only those that are considered "cruel and unusual." The Court has defined a punishment as cruel and unusual if it is too severe for the crime, if it is arbitrary, if it offends society's sense of justice, or if it is not more effective than a less severe penalty.
Excessive Bail
The Eighth Amendment's prohibition against excessive bail is somewhat related to the Fifth Amendment's "due process of law" and the Sixth Amendment's guarantee of a speedy and public trial. The purpose of bail is to ensure that a defendant will appear for trial and all pretrial hearings for which the defendant must be present. Bail set at a figure higher than an amount reasonably calculated to fulfill this purpose is "excessive" under the Eighth Amendment.
Excessive Fines
The Excessive Fines Clause is intended to limit fines imposed by state and federal governments on persons who have been convicted of a crime. The Supreme Court has not defined what constitutes an "excessive" fine, but it has ruled that a fine is excessive if it is grossly disproportional to the gravity of a defendant's offense.
Cruel and Unusual Punishment
The Cruel and Unusual Punishments Clause is the most famous part of the Eighth Amendment. The Supreme Court has held that the punishment must be proportional to the crime, and that a punishment is cruel and unusual if it is degrading to human dignity, particularly if the punishment is a severe physical punishment or a form of torture.
Impact and Controversy
The Eighth Amendment has been the center of much controversy over the years, particularly in regards to the death penalty. Some argue that the death penalty is a form of cruel and unusual punishment, while others argue that the death penalty is a necessary and just punishment for certain crimes.