The Eighth Amendment
Text Explained
Citizens are protected from excessive bail, meaning that the courts may not require unreasonably high bail that will impose significant financial burdens upon the accused awaiting trial. Similarly, protection against excessive fines means that the government cannot impose fines that are disproportionately severe or unjustified relative to the offense committed. A $100,000 bail for a $1,000 crime would be excessive. Protection from cruel and unusual punishment applies primarily to criminal defendants to protect them from punishments considered harsh, barbaric, or disproportionate to the crime committed.
Historical Context
The Eighth Amendment comes almost directly from the English Bill of Rights (1689). Given the government’s power and resources, there was concern that it could abuse those accused and convicted of criminal behavior. The amendment does not explicitly state what “excessive” or “cruel and unusual punishments” means; the courts must determine what is and is not permissible. The underlying principle is that the punishment should be proportionate to the crime.
Harsh treatment of prisoners aboard a British prison ship.
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