Summary

Prohibits excessive bail, fines, and cruel and unusual punishment.

History and Context

This amendment is taken almost word-for-word from the English Bill of Rights of 1689. It is a direct response to the abuses of power by English kings who would use their courts to crush their enemies. Setting impossibly high bail could keep people locked up before trial, and imposing ruinous fines could bankrupt them. The prohibition on 'cruel and unusual punishments' was a guard against torture and barbaric methods of execution. The Eighth Amendment insists on proportionality and decency in the criminal justice system.

Key Figures