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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."
The Eighth Amendment, which bars "cruel and unusual punishments," was intended by the founders as a bulwark against prisoner abuse. Over the years it came to mean any treatment that "shocked the ...
Most civil suits settle in the outside world. But among prisoner Eighth Amendment lawsuits, only 14% settle, and less than 1% win in court.
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.
Chief Justice Burger, joined by Justice Rehnquist dissented because he believed that the proportionality principle the Court had engrafted onto the Eighth Amendment encroached too much on the legislative power of the states. Burger preferred to concentrate on the narrow facts of the case: Coker had raped three women, and killed one.
The justices will review an appeals court ruling, the only one of its kind, which found that ordinances in Grants Pass, Oregon, are prohibited under the Constitution’s Eighth Amendment.
Harmelin v. Michigan, 501 U.S. 957 (1991), was a case decided by the Supreme Court of the United States under the Eighth Amendment to the United States Constitution.The Court ruled that the Eighth Amendment's Cruel and Unusual Punishment Clause allowed a state to impose a life sentence without the possibility of parole for the possession of 672 grams (23.70 oz) of cocaine.
Farmer v. Brennan, 511 U.S. 825 (1994), was a case in which the Supreme Court of the United States ruled that a prison official's "deliberate indifference" to a substantial risk of serious harm to an inmate violates the cruel and unusual punishment clause of the Eighth Amendment.