Definition
The Eighth Amendment limits punishment and financial conditions imposed by government in criminal justice.
Political Dictionary
Eighth Amendment
The Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments.
Why It Matters
It constrains penalties, prison conditions, bail practices, and forfeitures.
How It Works
Courts examine proportionality, historical practice, evolving standards, and the circumstances of punishment.
History
The wording derives from the English Bill of Rights of 1689 and was adopted in 1791.
Example
A grossly disproportionate financial penalty may violate the Excessive Fines Clause.
Common Misconceptions
- The amendment prohibits all harsh punishment.
- It guarantees release on bail.
- It applies only to capital punishment.
Related Terms
Related Topics
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