The Eighth Amendment

Amendments · Ratified 1791

In short: Bans excessive bail and fines, and cruel and unusual punishments.

The Full Text

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

— The Eighth Amendment, ratified 1791

The Eighth Amendment limits how harshly the government can punish people. It does three things in twelve words: it forbids excessive bail, excessive fines, and cruel and unusual punishments.

The bail clause keeps the government from setting an impossibly high price on pretrial freedom simply to keep someone locked up. The fines clause — which the Supreme Court has applied to the states — restrains disproportionate financial penalties and asset forfeitures.

The “cruel and unusual punishments” clause is the most litigated. Courts read it against “evolving standards of decency,” using it to strike down grossly disproportionate sentences, to police inhumane prison conditions, and to set limits on the death penalty — for example, barring its use against people with intellectual disabilities and those who were juveniles at the time of their offense.

Key Points

  • Bans excessive bail and excessive fines.
  • Bans 'cruel and unusual punishments.'
  • Courts use it to evaluate prison conditions, sentence length, and the death penalty.

Leading Cases

  • Gregg v. Georgia (1976) — The death penalty is not inherently unconstitutional when applied under careful, guided procedures.
  • Atkins v. Virginia (2002) — Executing people with intellectual disabilities is cruel and unusual punishment.

Read the Official Source

Eighth Amendment (Constitution Annotated) →

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