Eighth Amendment

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

This amendment ensures that the punishment is commensurate with the crime committed.

  1. “”Excessive bail shall not be required, nor excessive fines imposed” – Prevents the judge from going overboard on bail amount and prevents an overly emphatic judge from fining you excessively based on a personal issue.
  2. “nor cruel and unusual punishments inflicted.” – Prevents a judge from giving you 50 years in prison for urinating in your neighbors back yard.

Other notes:

  • Check this page for a list of SCOTUS rulings regarding 8A.
  • While some may consider capital punishment to be cruel and unusual punishment for a crime committed; think about how the victimized person feels.
  • If you take any federal crime – piracy: 8A prevents an emotionally driven judge for setting a fine of $10 million dollars because some college kid decided to download a movie from his dorm room.
  • 8A is also in place to ensure that society’s worst offenders are not thrown to the whims of emotional juries, emotional judges, and a legal system that would rather incinerate them, rather than trying to rehabilitate them.
  • 8A on the COTUS, also prevents the death penalty from being a sentence at the highest level of our court system.