Eighth Amendment

Quick Definition: Eighth Amendment

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”

Key points

• Limits government power in setting bail, levying fines, and imposing punishments.
• Incorporated to the states in Timbs v. Indiana (2019) concerning excessive fines.
• Ongoing legal debates include conditions in prisons and the death penalty’s application.
• “Cruel and unusual” is evaluated based on evolving standards of decency.

FAQ

• Does this ban the death penalty? No, but it prohibits methods considered inhumane or disproportionate.
• What is considered excessive bail or fines? Bail and fines must be proportionate to the offense and situation.
• Can this be used to challenge prison conditions? Yes, prisoners have used it to contest inadequate medical care and abuse.