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The Eighth Amendment was adopted, as part of the Bill of Rights, in 1791.It is almost identical to a provision in the English Bill of Rights of 1689, in which Parliament declared, "as their ancestors in like cases have usually done ... that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
Timbs v. Indiana, 586 U.S. 146 (2019), was a United States Supreme Court case in which the Court considered whether the excessive fines clause of the Constitution's Eighth Amendment applies to state and local governments.
Opinion: 8th Amendment bars federal government from imposing excessive bail and fines and prohibits the inflicting of cruel and unusual punishments.
The Excessive Fines Clause and the Cruel and Unusual Punishments Clause of the Eighth Amendment to the United States Constitution prohibit certain disproportionate sentences. Further, the Cruel and Unusual Punishments Clause prohibits the imposition of the death penalty for certain crimes, for certain classes of defendants, and in the absence ...
The Excessive Bail Clause of the Eighth Amendment to the United States Constitution prohibits excessive bail set in pre-trial detention. If a judge posts excessive bail, the defendant's lawyer may make a motion in court to lower the bail or appeal directly to a higher court.
The arbitrator ruled that such an amendment would only be effective if contained in the articles of incorporation, and not the bylaws. ... So, that is the backstop against unreasonable fines ...
The only amendment to be ratified through this method thus far is the Twenty-first Amendment in 1933. That amendment is also the only one that explicitly repeals an earlier one, the Eighteenth Amendment (ratified in 1919), establishing the prohibition of alcohol.
Browning-Ferris Industries v. Kelco Disposal, 492 U.S. 257 (1989), was a case in which the Supreme Court of the United States held that the Eighth Amendment's prohibition of unreasonable fines does not apply to punitive-damage awards in civil cases when the United States is not a party.