The Eighth Amendment to the United States Constitution prohibits excessive bail, excessive fines, and cruel and unusual punishments. Specifically, it forbids the government from imposing unduly harsh penalties either before trial (excessive bail) or as punishment after a conviction (excessive fines and cruel and unusual punishments). This amendment is primarily known for its prohibition on cruel and unusual punishments, which historically and legally bars barbaric or inhumane penalties like torture or disproportionate sentences relative to the offense. It does not address lengthy trials, search warrants, or impartial juries. To summarize the prohibitions under the Eighth Amendment:
- Excessive bail shall not be required.
- Excessive fines shall not be imposed.
- Cruel and unusual punishments shall not be inflicted.
The clause on cruel and unusual punishments has been interpreted to bar certain types of punishments deemed barbaric or grossly disproportionate, such as torture, burning alive, or executing minors or the mentally handicapped under certain conditions. However, it does not regulate trial length, the issuance of search warrants, or the impartiality of juries, which are governed by other constitutional provisions.
