Why is the 8th amendment important?

Asked By: Erola Anin | Last Updated: 4th May, 2020
Category: news and politics law
4.7/5 (179 Views . 19 Votes)
The 8th Amendment is important because it protects the individual from excessive bail or fines, and from "cruel and unusual punishments." The court has ruled that punishments involving lingering deaths (such as quartering and burning at the stake) are banned by this amendment, but not other forms of capital punishment.

Click to see full answer


Also know, how does the 8th Amendment protect us?

The Eighth Amendment (Amendment VIII) of the United States Constitution prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments.

Furthermore, what would happen without the 8th Amendment? If we didn't have the 8th amendment in place people would be killed and tortured unfairly in relation to the crime they had committed. Today if the 8th amendment were to be taken out of The Constitution we would see a lot more criminals mistreated, which would lead to a more violent world.

Similarly, it is asked, who does the 8th amendment protect?

A deep dive into the Eighth Amendment, which protects citizens from excessive fines and cruel and unusual punishment.

Why was the 8th amendment written?

Explanation: The eight amendment prohibits excessive bail, fines, and cruel or unusual punishment. Governments have used excessive bails, fines and cruel punishments to restrict people's freedom, take away or damage their lives, and to take away property with excessive fines.

31 Related Question Answers Found

Why is the 8th Amendment important to us?

The 8th Amendment is important because it protects the individual from excessive bail or fines, and from "cruel and unusual punishments." The court has ruled that punishments involving lingering deaths (such as quartering and burning at the stake) are banned by this amendment, but not other forms of capital punishment.

What the 8th Amendment means?

The Eighth Amendment of the Constitution states: 'Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The amendment is meant to safeguard Americans against excessive punishments.

What violates the 8th Amendment?

The Eighth Amendment bans “excessive bail, excessive fines, and cruel and unusual punishments.” Here are 10 cases that involve violations of the Eighth Amendment as recorded by the US Supreme Court Center. Hosep Krikor Bajakajian decided to go to Cyprus in 1994 to pay his debts.

What is an example of the 8th Amendment?

Sometimes people or organizations are charged fines by the government as punishment for crimes. For example, charging a $1 million fine for littering. Cruel and Unusual Punishment. The protection from "cruel and unusual punishment" is perhaps the most famous part of the Eighth Amendment.

What is not considered cruel and unusual punishment?


The Eighth Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants, either as the price for obtaining

What are examples of cruel and unusual punishment?

Here are some punishments that courts have found cruel and unusual:
  • execution of those who are insane.
  • a 56-year term for forging checks totaling less than $500.
  • handcuffing a prisoner to a horizontal bar exposed to the sun for several hours, and.

How does the 8th Amendment apply today?

The rights under the Eighth Amendment largely apply to the punishment phase of the criminal justice system; but these rights can also apply whenever individuals are injured at the hands of government officials.

What does excessive bail mean in the 8th Amendment?

Bail is returned to the defendant when he or she appears at trial but is forfeited to the government if he or she does not appear. The Eighth Amendment ensures that bail cannot be “excessive,” at an amount so high that it would be impossible for all but the richest defendants to pay it.

What is considered excessive bail?

Legal Recourse to Excessive Bail
If a judge sets a bail amount that is either disproportionate to the crime, or more than necessary to ensure the accused returns for trial, then a defendant must take action.

What is the 9 amendment in simple terms?


The Ninth Amendment was part of the Bill of Rights that was added to the Constitution on December 15, 1791. It says that all the rights not listed in the Constitution belong to the people, not the government. In other words, the rights of the people are not limited to just the rights listed in the Constitution.

What is the 5 amendment in simple terms?

Fifth Amendment. The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.

Does the death penalty go against the 8th Amendment?

The Supreme Court has ruled that the death penalty does not violate the Eighth Amendment's ban on cruel and unusual punishment, but the Eighth Amendment does shape certain procedural aspects regarding when a jury may use the death penalty and how it must be carried out.

What does the Constitution say about killing?

Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life; Whoever is guilty of murder in the second degree, shall be imprisoned for any term of years or for life.

Who wrote the Eighth Amendment?

James Madison, the "Father of the Constitution", wrote the 8th Amendment in 1789 as one of the first 10 amendments collectively known as the Bill of Rights. The 8th amendment about the Imposing Excessive and Cruel Punishment was ratified on December 15, 1791.

What does the Ninth Amendment limit?


The Ninth Amendment states that "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." But how do we know what those other rights are?

Does the 8th Amendment apply to civil cases?

In a unanimous ruling on Tuesday, the Supreme Court overturned an Indiana Supreme Court decision that said that part of federal Constitution's Eighth Amendment didn't apply to the states. The state of Indiana wanted to seize Timbs' Land Rover under its civil forfeiture laws, arguing it was used to commit a crime.

What does I plead the 3rd mean?

Third Amendment
The 3rd Amendment has only one clause: The No Quartering of Troops Clause - This means that the government is not allowed to house troops in people's homes or on their property during peace time without their consent, or during war time except as prescribed by law.