Eighth Amendment Most often mentioned in the context of the death penalty, the Eighth Amendment prohibits cruel and unusual punishments, but also mentions “excessive fines” and bail. The “excessive fines” clause surfaces (among other places) in cases of civil and criminal forfeiture, for example when property is seized during a drug raid.
Full Answer
What does the 8th amendment say about cruel and unusual punishment?
Cruel and Unusual Punishment. The cruel and unusual punishment clause of the Eighth Amendment prohibits both federal and state governments from imposing certain punishments, regardless of the crime committed.
What does the 8th Amendment mean?
The Eighth Amendment ( Amendment VIII) of the United States Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments. This amendment was adopted on December 15, 1791, along with the rest of the United States Bill...
Is the death penalty a violation of the 8th Amendment?
As the Supreme Court has ruled that the imposition of the death penalty is not a violation of the Constitution, or of the Eighth Amendment, the issue of whether to utilize the punishment is left to each individual state.
Does the 8th Amendment prohibit torture?
Rather than undertake such an effort, the Wilkerson Court simply noted that “it is safe to affirm that punishments of torture, . . . and all others in the same line of unnecessary cruelty, are forbidden” by the Eighth Amendment. Id., at 136.
What does the 8th Amendment have to do with the death penalty?
The Supreme Court has ruled that the death penalty does not violate the Eighth Amendment's ban on cruel and unusual punishment, but the Eighth Amendment does shape certain procedural aspects regarding when a jury may use the death penalty and how it must be carried out.
What does cruel mean in the 8th Amendment?
Punishment prohibited by the Eighth Amendment to the Constitution. Cruel and unusual punishment includes torture, deliberately degrading punishment, or punishment that is too severe for the crime committed.
What does the 8th Amendment not protect?
The Eighth Amendment of the United States Constitution states that: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
What does the 8th Amendment mean in simple terms?
The Eighth Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants, either as the price for obtaining ...
What does nor cruel and unusual punishments inflicted mean?
In a nutshell, the cruel and unusual punishment clause measures a particular punishment against society's prohibition against inhumane treatment. It prevents the government from imposing a penalty that is either barbaric or far too severe for the crime committed.
What determines cruel and unusual punishment?
In this way, the United States Supreme Court "set the standard that a punishment would be cruel and unusual [if] it was too severe for the crime, [if] it was arbitrary, if it offended society's sense of justice, or if it was not more effective than a less severe penalty."
What does the 8th Amendment cover?
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
What is the 8th Amendment and why is it important?
Eighth Amendment Protections Against Cruel Punishments, Excessive Bail, and Excessive Fines. The Eighth Amendment provides three essential protections for those accused of a crime, on top of those found in the Fifth and Sixth Amendments: It prohibits excessive bail and fines, as well as cruel and unusual punishments.
Why is the 8th Amendment important quizlet?
why is the 8th so important? because it protects the individual from excessive bail or fines, and from "cruel and unusual punishments." the law enforcement system and the judicial system would take advantage of their power.
Is cruel and unusual punishment in the Constitution?
Cruel and unusual punishment is a phrase mentioned in the Eighth Amendment to the U.S. Constitution. Specifically, the Eighth Amendment prohibits cruel and unusual punishment.
Who does the 8th Amendment apply to?
As previously discussed, the 8th Amendment prohibits the federal government from imposing excessive fines or bail, and from inflicting cruel and unusual punishments on criminal defendants.
What are the 3 main components of the 8th Amendment?
Excessive Fines, Cruel and Unusual Punishment.
What is the 8th amendment?
The 8th Amendment to the United States Constitution, a part of the Bill of Rights, prohibits the federal government from imposing excessive fines, excessive bail, and cruel and unusual punishment. This is one of the shortest amendments to the Constitution, but it has a powerful effect, ...
Which amendment has the exception of cruel and unusual punishment?
The excessive fines clause of the 8th Amendment is a bit more vague than the excessive bail and cruel and unusual punishment clauses. Because fines are imposed after a defendant has been convicted, and have nothing to do with depriving him of his liberty prior to trial, U.S. courts have greater discretion in imposing fines for criminal acts.
Which amendment prohibits federal and state governments from imposing certain punishments regardless of the crime committed?
Cruel and Unusual Punishment. The cruel and unusual punishment clause of the Eighth Amendment prohibits both federal and state governments from imposing certain punishments, regardless of the crime committed.
Which amendment says that bail is not required?
Because of this, the Amendment has been a frequent topic of discussion and interpretation for the U.S. Supreme Court. The 8th Amendment says: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”.
What amendment allows for preventative detention?
The Supreme Court has interpreted the 8th Amendment to mean that bail can be denied if the charges are serious enough, or if it is reasonably believed that releasing the accused may pose a danger to the community. The Court also ruled that “preventative detention without bail” is allowed in certain circumstances.
How long was Oates in prison?
Later, Oates was convicted of these crimes of perjury and sentenced to indefinite imprisonment, as well as removal from his jail cell each year to spend two days in the pillory (stocks), and one day of whipping while tied to a moving cart.
Which amendment protects against abuse of bail?
have the authority to set a bail amount largely at their discretion, especially in cases of very serious crimes committed by very wealthy individuals, the Eighth Amendment protects individuals against abuse of this privilege.
What is the meaning of the 8th amendment?
e. Pertinent part of the English Bill of Rights, December 1689. The Bill of Rights in the National Archives. The Eighth Amendment ( Amendment VIII) of the United States Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.
When was the Eighth Amendment passed?
The Eighth Amendment was adopted, as part of the Bill of Rights, in 1791. It is almost identical to a provision in the English Bill of Rights of 1689, in which Parliament declared, "as their ancestors in like cases have usually done ... that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
What is the Cruel and Unusual Punishments Clause?
United States (1910) the Supreme Court concluded in Enmund v. Florida (1982) that the Cruel and Unusual Punishments Clause is partly a prohibition of all punishments which, by their excessive length or severity, are greatly disproportioned to the offenses charged.
Why was the Constitution amended?
The Constitution was amended to prohibit cruel and unusual punishments as part of the United States Bill of Rights as a result of objections raised by people such as Abraham Holmes and Patrick Henry. While Holmes feared the establishment of the Inquisition in the United States, Henry was concerned with the application of torture as a way of extracting confessions. They also feared that the federal government would misuse its powers to create federal crimes as well as to punish those who committed them under the new Constitution and thus use these powers as a way to oppress the people. Abraham Holmes, a member of the Massachusetts Ratifying Convention for the federal constitution, for example noted in a letter from January 30, 1788 that the new Constitution would give the U.S. Congress the power "to ascertain, point out, and determine, what kind of punishments shall be inflicted on persons convicted of crimes." He added with respect those who would belong to the new government under the new Constitution: "They are nowhere restrained from inventing the most cruel and unheard-of punishments, and annexing them to crimes; and there is no constitutional check on them, but that racks and gibbets may be amongst the most mild instruments of their discipline." Relying on the history of the Eighth Amendment and its own caselaw the Supreme Court stated in Ingraham v. Wright (1977) that the Cruel and Unusual Punishments Clause was designed to protect those convicted of crimes. The Supreme Court consequently determined in Ingraham that the Cruel and Unusual Punishments Clause limits the criminal process in three ways: " [F]irst, it limits the kinds of punishment that can be imposed on those convicted of crimes, e.g., Estelle v. Gamble, supra; Trop v. Dulles, supra; second, it proscribes punishment grossly disproportionate to the severity of the crime, e.g., Weems v. United States, supra; and third, it imposes substantive limits on what can be made criminal and punished as such, e.g., Robinson v. California, supra ."
What does "unusual" mean in the Eighth Amendment?
But in reality, the word unusual in the Eighth Amendment did not originally mean “rare”– it meant “contrary to long usage, ” or “new.”. A punishment is cruel and unusual if it is “cruel in light of long usage” – that is, cruel in comparison to longstanding prior practice or tradition.
Which Supreme Court case struck down a fine as excessive?
The Court struck down a fine as excessive for the first time in United States v. Bajakajian (1998).
What is the Supreme Court ruling in Austin v. United States?
602 (1993), the Supreme Court ruled that the Excessive Fines Clause does apply to civil asset forfeiture actions taken by the federal government, in the specific case, the government's seizure of the petitioner's auto body shop on the bases of one charge of drug possession for which he had served seven years in prison.
What is the 8th amendment?
The Eighth Amendment to the United States Constitution was passed in 1791 as part of the Bill of Rights, which contains the first ten amendments to the Constitution. It was based largely on the English Bill of Rights. The text of the Eighth Amendment forbids:
What are the amendments to the Constitution?
The Eighth Amendment to the United States Constitution was passed in 1791 as part of the Bill of Rights, which contains the first ten amendments to the Constitution. It was based largely on the English Bill of Rights. The text of the Eighth Amendment forbids: 1 Imposing excessive bail to those being held in custody on suspicion of crime; 2 Imposing excessive fines to those convicted of crimes; and 3 Cruel and Unusual Punishment to those convicted of crimes.
Why do courts deny bail?
In some cases, courts deny bail to prevent a defendant from attempting to flee, and this has been held to be in accordance with the excessive bail clause. Most states also have their own laws regarding excessive bail and limits on bail.
What punishment did England use?
England had long practiced barbaric forms of punishment and execution, including various kinds of torture. Once England had enacted the stricture against cruel and unusual punishment, the newly-formed United States carried the idea over into its own Bill of Rights.
Which amendment prohibits the above-listed items from being done by federal, state and local governments?
The Eighth Amendment prohibits the above-listed items from being done by federal, state and local governments. The Supreme Court has ruled that the amendment applies to state law as well as federal law. The later 14th amendment also stated that the amendments to the federal Constitution apply to the states, as well.
Which amendment states that the federal constitution applies to states?
The later 14th amendment also stated that the amendments to the federal Constitution apply to the states, as well. Since the phrases included in the Eighth Amendment are somewhat open to interpretation, the Supreme Court rules as to the meaning of the phrases when the matters come up in Supreme Court cases.
Is punishment degrading to human dignity?
Punishment must not be “degrading to human dignity.”. This would include torture; The punishment should not be one that is clearly not necessary. Various court cases have rules explicitly regarding certain crimes that cruel and unusual, and certain crimes that are not.
Background and General Aspects
- Background
The Eighth Amendment was adopted, as part of the Bill of Rights, in 1791. It is almost identical to a provision in the English Bill of Rights of 1689, in which Parliament declared, "as their ancestors in like cases have usually done... that excessive bail ought not to be required, nor excessive fine… - General aspects
In Coker v. Georgia (1977) it was decided that "Eighth Amendment judgments should not be, or appear to be, merely the subjective views of individual Justices; judgment should be informed by objective factors to the maximum possible extent." In Timbs v. Indiana (2019) the Supreme Cour…
Excessive Bail
- In England, sheriffs originally determined whether to grant bail to criminal suspects. Since they tended to abuse their power, Parliament passed a statute in 1275 whereby bailable and non-bailable offenses were defined. The King's judges often subverted the provisions of the law. It was held that an individual may be held without bail upon the Sovereign's command. Eventually, the …
Excessive Fines
- Waters-Pierce Oil Co. v. Texas
In Waters-Pierce Oil Co. v. Texas, 212 U.S. 86 (1909), the Supreme Court held that excessive fines are those that are "so grossly excessive as to amount to a deprivation of property without due process of law". The Court wrote in its syllabus: The Court further stated in its opinion: In essenc… - Browning-Ferris v. Kelco
In Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc., 492 U.S. 257 (1989), the Supreme Court ruled that the Excessive Fines Clause does not apply "when the government neither has prosecuted the action nor has any right to receive a share of the damages awarded". …
Cruel and Unusual Punishments
- General aspects
The Constitution was amended to prohibit cruel and unusual punishments as part of the United States Bill of Rights as a result of objections raised by people such as Abraham Holmes and Patrick Henry. While Holmes feared the establishment of the Inquisition in the United States, He… - Specific aspects
According to the Supreme Court, the Eighth Amendment forbids some punishments entirely, and forbids some other punishments that are excessive when compared to the crime, or compared to the competenceof the perpetrator. This will be discussed in the sections below.
See Also