The Choice: The 8th Amendment
Addressing the government's power to impose penalties on individuals convicted of crimes.
Issue #906 The Choice, Friday, August 8, 2025
Every Friday until the end of 2025, we will publish a post about each of the 27 Amendments to the Constitution.
The 8th Amendment, ratified in 1791, is a component of the Bill of Rights, which addresses the government's power to impose penalties on individuals convicted of crimes, and serves as a safeguard against the abuse of governmental power, ensuring that penalties remain fair and proportionate.
The 8th Amendment states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
Most often mentioned in the context of the death penalty, the Eighth Amendment prohibits cruel and unusual punishments, but also mentions “excessive fines” and bail. The “excessive fines” clause surfaces (among other places) in cases of civil and criminal forfeiture, for example, when property is seized during a drug raid.
This amendment leaves the term “excessive” open to interpretation.
Interpreting "Cruel and Unusual Punishments": What constitutes "cruel and unusual punishments?” Do modern-day practices, such as solitary confinement and capital punishment, align with contemporary human rights standards?
Excessive Bail and Fines: Recently, debates have centered around cash bail systems that disproportionately impact marginalized communities, leading to a cycle of poverty and incarceration.
Evolving Standards of Decency: This is a doctrine suggesting that the interpretation of the 8th Amendment must adapt to society's changing moral and ethical views, centering on how to balance tradition with progress.
The 8th Amendment emphasizes that the punishment should fit the crime. However, the protections guaranteed by this amendment are continuously open to interpretation.
It is our Choice to help ensure that a proper balance is kept between the crime and the punishment.
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